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Madras High CourtWP/3994/2025disposed of

P.K.S.V.Balaguru v. The Commissioner

2025-02-06Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.K.S.V.Balaguru ..

Petitioner Vs.

1.The Commissioner Hindu Religious Institution Pudhucherry State Puducherry - 605 009.

2.The Administrative Officer Arulmighu Sri Veezhi Varadharajaperumal Devasthanam Thirumalaroyanpattinam Pudhucherry - 609 606.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.11.2024 and to provide the list of Movable Assets available in the temple and also the details of the immovable assets of the temple and status of those lands as on date within a time frame fixed by this Court.

For the Petitioner : Mr.G.Karthikeyan Senior Counsel

for Ms.A.Jagadeeswari For the Respondents : Mr.R.Sreedhar Additional Government Pleader(Pondy)

ORDER

The Writ Petition is filed to direct the respondents to consider the petitioner's representation dated 14.11.2024 and provide the list of movable assets available in the temple and also the details of the immovable assets of the temple and status of those lands within a time frame to be fixed by this Court.

2. Heard, Mr.G.Karthikeyan, the learned Senior Counsel appearing on behalf of the petitioner and perused the affidavit filed in support of the Writ Petition and the records.

3. In view of the nature of relief that is prayed for in the Writ Petition, this Writ Petition is taken up for final hearing at the admission stage itself.

4. Mr.Shreedhar, the learned counsel takes notice on behalf of the respondents 1 and 2.

5. When it is the grievance of the petitioner that both the movable and immovable properties of the 2nd respondent - temple, which involves valuable articles, jewels, etc, which were being donated by the petitioner to the temple periodically was not properly maintained and frittered away, the 1st respondent has to immediately take stock of the situation and to decide what are the movables of the temple and they are available or not. Similarly, with reference to immovable properties also, the exercise of taking stock of the situation whether all the immovable properties are in tact and whether the temple is receiving proper income out of it or whether there are any other encroachers and if so they were to be removed has to be taken care of. The petitioner's prayer and representation are regarding the same.

6. In view thereof, this Writ Petition is allowed on the following terms, (i) The 1st respondent shall conduct an enquiry with reference to the affairs of the 2nd respondent temple more specifically with reference to the movable and immovable properties;

(ii) The petitioner shall also be issued notice during the course of the

enquiry and the 1st respondent shall issue notice to all such interested parties also;

(iii) The outcome of the enquiry and enlisting of the movable and immovable properties etc, shall also be furnished in writing to the petitioner; (iv) The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt/production of the website uploaded copy of the order, without waiting for the certified copy; (v) No costs.

06.02.2025 : No Jer To The Commissioner Hindu Religious Institution Pudhucherry State Puducherry - 605 009.

D.BHARATHA CHAKRAVARTHY, J.

Jer 06.02.2025