Madras High CourtWP/9312/2017disposed of

K.V.Chalapathi, S/O.Rama v. The Joint Commissioner

2017-04-18Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.9312 of 2017 K.V.Chalaptahi ... Petitioner Vs.

1.The Joint Commissioner, HR & CE Department, Sathuvachary, Vellore - 9.

2.The Inspector, HR & CE Department, MPS Salai, Tiruttani - 631 209.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to hand over the charge of the Temple A/m Varadanaryana Swamy Thirukoil, Pallipattu Town and Taluk, Thiruvallur District to the petitioner.

For Petitioner : Mr.Y.Jyothish Chander For Respondents: Mr.M.Maharaja, Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to hand over the charge of the Temple A/m Varadanaryana Swamy Thirukoil, Pallipattu Town and Taluk, Thiruvallur District to the petitioner.

2.It is the case of the petitioner that by order dated 02.09.2016, the 1st respondent passed an order appointing the petitioner as the Hereditary Trustee. On 04.11.2016, the 2nd respondent wrote a letter to the petitioner intimating that he will hand over the charge to him. Since charge was not handed over, on 24.11.2016, the petitioner sent a letter to the 1st respondent informing him that charge was not handed over. On 08.03.2017, the petitioner gave representations to the respondents to hand over charge of the Temple, which was also acknowledged by the respondents. Inspite of the representations dated 08.03.2017, the respondents have not implemented the order dated 02.09.2016 so far. 3.Mr.M.Maharaja, learned Special Government Pleader taking notice for the respondents submitted that since some people are objecting for giving the Hereditary Trusteeship to https://hcservices.ecourts.gov.in/hcservices/

the petitioner, charge was not handed over to him. However, the learned Special Government Pleader submitted that if six weeks time is granted, the respondents will be in a position to sort out the dispute between the parties and hand over charge to the petitioner.

4.In view of the submissions made by the learned counsel on either side, the Writ Petition is disposed of by granting six weeks time to the respondents to implement the order dated 02.09.2016. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar va To 1.The Joint Commissioner, HR & CE Department, Sathuvachary, Vellore - 9.

2.The Inspector, HR & CE Department, MPS Salai, Tiruttani - 631 209.

+1cc to Mr.Y. Jyothish Chander, Advocate, S.R.No.23146 +1cc to the Government Pleader, S.R.No.24084 RJ(CO) EU 21.04.2017 W.P.No.9312 of 2017 https://hcservices.ecourts.gov.in/hcservices/