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Madras High CourtWP/3315/2018disposed of

A.Radhakrishnan v. The Commissioner

2023-02-15Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.Radhakrishnan ... Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai - 600 034.

2.The District Collector, Salem District, Salem.

3.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Salem.

4.The Taluk Executive Magistrate cum Tahsildar, Manakkadu, Salem - 636 007.

5.The Commissioner of Police, Salem.

6.The Joint Commissioner, Hindu Religious & Charitable Endowment, Salem District, 7.The Assistant Commissioner, Hindu Religious & Charitable Endowment, Salem District, 1/4

8.The Assistant Commissioner/Executive Officer/Fit Person, Arulmigu Sugavaneswarar Temple, Salem Town, Salem District.

9.N.Chandar ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to take appropriate action on petitioner's representation dated 23.05.2016 and thereby secure, safeguard and restore the property belonging to eight respondent temple in Ward-F, Block-2, T.S.No.59/1 to an extent of 0.0391.0 square meter situated at Salem Town, Salem District and utilize the income of the said property to eight respondent temple Kattalai (Poojas) as per document No.4495/1943 dated 17.09.1943. For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.P.Rajendran, for RR1 to 8 Additional Government Pleader Mr.T.Balaji, for R9

O R D E R

This Writ Petition has been filed to direct the first respondent to take appropriate action on petitioner's representation dated 23.05.2016 and thereby secure, safeguard and restore the property belonging to eight respondent temple in Ward-F, Block-2, T.S.No.59/1 to an extent of 0.0391.0 square meter situated at Salem Town, Salem District and utilize the income of the said property to eight respondent temple Kattalai (Poojas) as per document No.4495/1943 dated 17.09.1943.

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2.

According to the learned counsel for the petitioner, the subject property is endowed for performance of kattalai in the temple. However, the same has not been performed. In this regard, he has given his representation. However, so far no action has been taken. Hence, he seeks a direction by way of writ petition. 3.

Learned Special Public Prosecutor appearing for the respondents, on instructions, would submit that the representation of the petitioner has been considered and fit person has been appointed and an order has been passed, to hand over the property to the fit person.

4.

In such view of the matter, the temple authorities shall ensure that the properties are handed over to the fit person, pursuant to the orders passed by the Assistant Commissioner / 7th respondent dated 02.12.2019. 5.

With the above direction, this Writ Petition is disposed of. No costs. 15.02.2023 Index :Yes/No AT 3/4

N.SATHISH KUMAR, J.

AT To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai - 600 034. 2.The District Collector, Salem District, Salem.

3.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Salem.

4.The Taluk Executive Magistrate cum Tahsildar, Manakkadu, Salem - 636 007.

5.The Commissioner of Police, Salem.

6.The Joint Commissioner, Hindu Religious & Charitable Endowment, Salem District, 7.The Assistant Commissioner, Hindu Religious & Charitable Endowment, Salem District, 8.The Assistant Commissioner/Executive Officer/Fit Person, Arulmigu Sugavaneswarar Temple, Salem Town, Salem District.

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