R.Dhanasekaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.7409 of 2018 R.Dhanasekaran S/o.Ramakrishnan Naidu (Late) .. Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowments Department Chennai.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Villupuram.

3.The Inspector Hindu Religious and Charitable Endowments Department Villupuram.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to declare the petitioner as the hereditary trustee of Sri Venkatraya Swami Temple situated in Ponnanguppam Village, Kangiyanur Post, Villupuram Taluk & District, by considering the representation of the petitioner dated 19.03.2018. For Petitioner : Mr.R.Arundattan For Respondents : Mr.M.Maharaja Special Government Pleader

O R D E R

Mr.M.Maharaj, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to declare the petitioner as the Hereditary Trustee of Sri Venkatraya Swami Temple situated in Ponnanguppam Village, Kangiyanur Post, Villupuram Taluk & District, by considering his representation dated 19.03.2018.

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3. The claim of the petitioner is that after the death of his father, a declared Hereditary Trustee, he is entitled to be declared as the Hereditary Trustee. However, it is stated that the petitioner has not made any proper application under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, before the competent authority, namely the second respondent herein. Therefore, this writ petition is disposed of, by granting liberty to the petitioner to make such application before the second respondent, by enclosing all the material documents. If any such application is filed, the second respondent will consider and pass appropriate orders on the same on its own merits and in accordance with law. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.The Commissioner Hindu Religious and Charitable Endowments Department Chennai.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Villupuram.

3.The Inspector Hindu Religious and Charitable Endowments Department Villupuram.

+1 cc to the govt Pleader sr 24103 +1 cc to Mr.R.Arun dattan Advocate sr 24034 W.P.No.7409 of 2018 aa10/04/2018 https://hcservices.ecourts.gov.in/hcservices/