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Madras High CourtWP/8305/2018disposed of

Janaki, W/O.Thangaiyan v. The Assistant Commissioner

2018-04-12Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8305 of 2018 and W.M.P. No.10275 of 2018 Janaki ..

Petitioner -vs1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur Region.

2.The Executive Officer, Arulmigu Sri Bakthavachala Perumal Temple, Thirukannamangai, Thiruvarur District.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the respondents from anyway interfering the enjoyment of the petitioner using the threshing floor situated in R.S. No.90, 91, 92 and 99 to the extent of 1 acre 70 cents owned by Thirukannamangai Bakthavachala Perumal Temple. For Petitioner ::

Mr.M.R.Senthil Kumar For Respondents ::

Mr.M.Maharaja, Special Government Pleader

ORDER

This writ petition has been filed praying for issuance of a writ of mandamus, forbearing the respondents from interfering with the enjoyment of the petitioner using the threshing floor situated in R.S. No.90, 91, 92 and 99 to the extent of 1 acre 70 cents owned by Thirukannamangai Bakthavachala Perumal Temple.

2.The case of the petitioner is that out of some acres of land belongs to Thirukannamangai Bakthavachala Perumal Temple situated in his village, 15 acres of cultivation land was entrusted to Z-618 Thirukannamangai Sri Bakthavachala Perumal Lessee Co-operative Farm Society under the terms of lease. Accordingly, the members of the society, who are come forward to cultivate the land, have been cultivating the above said temple land by paying necessary tax and paddy share to the temple authorities. This being the situation, some strangers who are not at all connected with the temple are trying to encroach the said threshing floor for their own purpose. Therefore, the petitioner lodged a complaint with Kudavasal Police Station on 04.02.2018 and also sent a representation to the respondents on the interest of cultivation. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.

3.Learned Special Government Pleader appearing for the respondents submitted that the representation made by the petitioner will be duly considered expeditiously.

4. In view of the submission made by the learned Special Government Pleader appearing for the respondents, this writ petition is disposed of directing the first respondent to consider the representation made by the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected W.M.P. is closed. Speaking/Non speaking order 12.04.2018 Index : yes/no vga To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur Region.

2.The Executive Officer, Arulmigu Sri Bakthavachala Perumal Temple, Thirukannamangai, Thiruvarur District.

T.RAJA, J.

vga W.P.No.8305 of 2018 and W.M.P. No.10275 of 2018 12.04.2018