Anu Mukundan Nirmala v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Anu Mukundan Nirmala : Petitioner versus 1.The Commissioner HR and CE Department, Nungambakkam Chennai 600 034.

2.The Joint Commissioner HR and CE Department, Vellore -9 3.The Executive Officer HR and CE Department Maduranthagam Kancheepuram District.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to administer and maintain Arulmighu Prasanna Varadharaja Perumal Temple in Morapakkam Village, Maduranthagam Taluk, Kancheepuram District, on leasing the temple properties as per the representation of the petitioner dated 27/09/2018. For the Petitioner :

Mrs.Hema Sampath, Senior Counsel, for Ms.R.Meenal For the Respondents :

Mr.C.Jayaprakash, Government Advocate (H.R. & C.E.)

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mrs.Hema Sampath, learned Senior Counsel for the petitioner and Mr.C.Jayaprakash, learned Government Advocate, for the respondents.

2. The learned Senior Counsel submits that the respondents are not maintaining the lands of the temple. The property of the temple is not leased out, which has affected the income to the temple. Encroachments are also not being dealt with effectively.

3. Mr.C.Jayaprakash, learned Government Advocate, appearing for the respondents submits that an archaeological expert made an inspection on 04.10.2023, of the said temple, and gave his opinion. Based on the archaeological expert's report, the temple Thirupani will be performed after getting approval from RLEC and SLEC committee.

4. It is further submitted that eight acres of land is sought to be leased by an auction held on 07.11.2023. Steps are also taken with

regard to other lands, and encroachments if occurred, would be dealt with and removed under Section 78 of the H.R. & C.E. Department.

5. The H.R. & C.E. Department shall regularly inspect the subject properties in question and take effective steps to safeguard the income of the temple.

6. The writ petition is accordingly disposed of. There will be no order as to costs. Consequently, WMP No.1669 of 2019 is closed. (S.V.G., CJ.) (D.B.C., J.) 09.11.2023 Index : Yes/No : Yes/No tar To 1.The Commissioner HR and CE Department, Nungambakkam Chennai 600 034.

2.The Joint Commissioner HR and CE Department, Vellore -9 3.The Executive Officer HR and CE Department Maduranthagam Kancheepuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 09.11.2023