A.Radhakrishnan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Radhakrishnan .. Petitioner -vs1. The Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai 600 001.

2. The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai 600 001.

3. The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 005.

4. The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai 600 034.

5. The District Collector, Chennai.

6. The Executive Officer, Arulmigu Periyapalayathamman Thirukoil, Royapettah, Chennai 600 014.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to return the acquired land to an extent of 1285 sq.ft. in favour of 6th respondent temple in accordance with law and consequentially issue direction to the 4th respondent to safeguard the land to an extent of 450 sq.ft. belonging to the 6th respondent temple by considering the petitioner's representation dated 22.01.2020. For the Petitioner :

Mr.R.Marudhachalamurthy For the Respondents :

Mr.T.K.Saravanan Govt. Advocate for RR 1, 2 and 5 :

Ms.K.Indhumathy Venkatesh for R-3 :

Mr.N.R.R.Arun Natarajan Spl.G.P. For R-4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Marudhachalamurthy, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate, for respondent Nos.1, 2 and 5, M/s.K.Indhumathy Venkatesh, learned

counsel for respondent No.3 and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for respondent No.4.

2. The learned counsel for respondent No.3 submits that the amount payable under the award was agreeable to be paid by respondent No.3, however, the respondent Nos.4 to 6 did not accept the amount at that time and are demanding 10% interest. The learned counsel, on instructions, now submits that respondent No.3 would pay the amount under the award along with 10% interest calculated till the date of payment to respondent No.6 within three months from today. The said statement is accepted as an undertaking to the Court.

In view of the said statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai 600 001.

2. The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai 600 001.

3. The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 005.

4. The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai 600 034.

5. The District Collector, Chennai.

12.01.2024