Sri Sumathinath Bhagwan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.1999 OF 2021 Sri Sumathinath Bhagwan, Rep. by Sandeep S Jain (Devotee) No.369, 370, 371, Konnur High Road, Perambur, Chennai - 600 023.
... Petitioner .Vs.
1. The Commissioner Hindu Endowment, 119, Uthamar Gandhi Salai, Nungmbakkam, Chennai - 600034.
2. The District Collector, Singeravelar Malagai, Rajaji Salai, Chennai.
3. The Sub Collector, Tondiarpet, Chennai - 600 081.
4. The Tahsildar, Parambur Taluk, Chennai - 600 023.
5 Shree Chandraprabhu Maharaj Juna Jain Mandhir Trust (Regd), Rep. by its Secretary, No.345, Mint Street, Chennai - 600 079.
6. The Dadabadi Sri Jin KushalsurjiJin Chandrasuriji Trust, Rep. by its Managing Trustee, No.370 Konnur High Road Chennai - 600 023.
... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to appoint an executive officer or any person as this Honble Court deems fit to administer the construction of the temple of Shree Sumaithnath Baghwan Jain Swethambar the petitioner herein at Door No.369, 370, 371, Konnur High Road Comprised in survey No.R.S.No.307/2, Perambur Taluk, Perambur, Chennai- 600 023 in survey No.307/2 situate at Coornoor High Road, Perambur Taluk.
For the Petitioner :
Mr.S.Karthikeyan, For Mr.K.V.Sajeev Kumar For the Respondents :
Mr.P.Muthukumar, Counsel for State, For respondents 1 to 4 Ms.Harshita, For Mr.Arjun, K.K., For fifth respondent
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The matter pertains to the establishment of a Jain temple and the petitioner insists that the matter may be pursued despite it being pointed out on behalf of some of the respondents, particularly the Hindu Religious and Charitable Endowments Department, that the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 does not cover Jain religious institutions unless there is a notification issued in such regard.
2. The petitioner cannot show that any notification in such regard has been issued.
3. Though the petitioner seeks time to file a rejoinder, it does not appear that any purpose would be served in keeping this petition alive. Accordingly, W.P.No.1999 of 20211999 of 2021 is dismissed. W.M.P.Nos.17438 and 2261 of 2021 are closed. There will be no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tar
To
1. The Commissioner Hindu Endowment, 119, Uthamar Gandhi Salai, Nungmbakkam, Chennai - 600034.
2. The District Collector, Singeravelar Malagai, Rajaji Salai, Chennai.
3. The Sub Collector, Tondiarpet, Chennai - 600 081.
4. The Tahsildar, Parambur Taluk, Chennai - 600 023.
+1cc to Mr.K.V.Sajeev Kumar, Advocate, S.R.No.44507 +1cc to Mr.Arjun, K.K., Advocate, S.R.No.44410 +1cc to the Government Pleader, S.R.No.44904 W.P.NO.1999 OF 2021 RGN(CO) PBS/14/09/2021