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Madras High CourtWP/4041/2023disposed of

E.Manikandan v. The Commissioner

2023-02-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13/2/2023 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR E. Manikandan ...

Petitioner Vs

1. The Commissioner Hindu Religious & Charitable Endowments Department 119 Uthamar Gandhi Road Thousand Lights West Nungambakkam Chennai 600 034.

2. N. Ahmed Yaseen

3. K. Loganathan ...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to consider the petitioner's representation dated 13/1/2023 in order to remove the encroachers of temple land.

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For Petitioner ...

Mr.D.Rajagopal For respondents ...

Mr.M.Bindran Additional Government Pleader HR & CE for R.1 - - - - -

O R D E R

This writ petition has been filed to direct the first respondent to consider the petitioner's representation dated 13/1/2023 in order to remove the encroachers of temple land.

2. Heard Mr.D.Rajagopal, learned counsel appearing for the petitioner.

3. Mr.M.Bindran, learned Additional Government Pleader takes notice for the first respondent.

4. By consent, the writ petition is taken up for final disposal, at the admission stage itself.

5. The learned counsel appearing for the petitioner submitted that second and third respondents, who are the total strangers of the property illegally trespassed and encroached the temple land by constructing a Page No:2/4

building against the Corporation Building Rules. Hence the petitioner had filed a representation, dated 13/1/2023, to the first respondent to take action. Since the same has not been considered so far, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

6. Mr.M.Bindran, learned Additional Government Pleader submitted that the first respondent will consider the representation of the petitioner, at the earliest.

7. Submission of the learned Additional Government Pleader is recorded.

8. Considering the limited prayer sought for by the petitioner, first respondent shall consider the representation of the petitioner, dated 13/1/2023, after giving sufficient opportunity to the second and third respondents, and dispose of the same, on merits and in accordance with law, within a period of two months, from the date of receipt of a copy of this order.

N. SATHISH KUMAR, J Page No:3/4

mvs.

9. With the above direction, this writ petition is disposed of, at the admission stage itself. No costs.

13/2/2023 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To

1. The Commissioner Hindu Religious & Charitable Endowments Department 119 Uthamar Gandhi Road Thousand Lights West Nungambakkam Chennai 600 034.

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