N.S.Ganesh, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP No.7348 of 2019 and WMP No.8028 of 2019 N.S.Ganesh

...Petitioner

vs.

1. The Commissioner, Hindi Religious & Charitable Endowments, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Tahsildar, Ambattur Taluk, Chennai - 600 053.

3. The Asst. Commissioner of Police, Koyambedu, Chennai - 600 107.

4. The Inspector of Police, Koyambedu Police Station, Koyambedu, Chennai - 600 107.

5. The Dayasadan Trust rep. by Managing Trustee, Dayasadan Street, Nerkundram, Chennai - 600 107.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, directing the 1st respondent to take necessary action as per the provisions of Section 23, 24 and 71 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, Tamil Nadu Act 22 of 1959 on basis of the representation dated 31.03.2018. For Petitioner : Mr.S.Jayakumar For Respondents: Mr.Maharaja (for R1) Spl Govt. Pleader (HR&CE) Mr.E.Manoharan (for R2 to R4) Additional Government Pleader

ORDER

(Order of the Court was made by S.MANIKUMAR, J) Petitioner has sent a representation dated 31.03.2018 to the Commissioner, HR&CE, Chennai. Contending inter alia that the said representation remains unanswered, instant writ petition has been filed for a writ of mandamus, directing the Commissioner, HR&CE, Chennai, the 1st respondent herein to take necessary action as per the provisions of Section 23, 24 and 71 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, Tamil Nadu Act 22 of 1959 on the basis of petitioner's representation.

2. Though the petitioner has contended that Siva Temple is built upon a Sadhu Samadhi at Dayasadan Street, Nerkundram Village, Ambattur Taluk and is under the control of Dayasadan Trust, there are no materials to substantiate the same. Except the representation, there is absolutely no material in the typed set of papers filed along with the writ petition, even to form a prima facie opinion for ordering notice to the respondents.

3. Petitioner does not satisfy the requirements of a Public Interest Litigation. Hence, instant Writ Petition is dismissed. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ars To

1. The Commissioner, Hindi Religious & Charitable Endowments, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Tahsildar, Ambattur Taluk, Chennai - 600 053.

3. The Asst. Commissioner of Police, Koyambedu, Chennai - 600 107.

4. The Inspector of Police, Koyambedu Police Station, Koyambedu, Chennai - 600 107.

+2ccs to Mr.S.Jayakumar, Advocate, S.R.No.26732 & 26337 WP No.7348 of 2019 and WMP No.8028 of 2019 SSI(CO) RRS(03/05/2019)