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Madras High CourtWP/8665/2025disposed of

G.E.Jayashankar v. The Commissioner

2025-03-18Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.9689 of 2025 G.E.JAYASHANKAR ... Petitioner Vs 1.

THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM, CHENNAI-600 034.

2.

THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NO. 12/54, SONA PLAZA, RTO ROAD, SATHUVACHARI, VELLORE - 632 009.

3.

THE HONORARY AGENT OF THE HEREDITARY TRUSTEE, A/M. VEERARAGHAVASWAMI DEVASTHANAM, TIRUVALLUR - 602 001.

4.

S. INDHU ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first to third respondents herein to take appropriate and necessary action so as to cancel, nullify, setaside the illegal, unlawful and fraudulent Sale Deed, dated 04.05.2007 registered as Document No. 1076/2007 at the SRO, Periamet, Ratification Deed 07.11.2007, registered as Document No.2404/2007, at the SRO, Periamet, and 1/5

Sale Deed dated 19.05.2008, registered as Document No.1034/2008 at the SRO, Periamet, and subsequent patta issued in the name of the fourth respondent as well as to recover the property at Door No.4/9, Alathur Subramaniya Achari Street, Choolai, Chennai -600 112, from the fourth respondent and initiate criminal action against the fourth respondent as well as against all those involved in such fraudulent activities within a time frame as may be fixed by this Court.

For Petitioner : Mr.W.M.Abdul Majeed For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

This writ petition is filed to direct the first to third respondents to take appropriate and necessary action so as to cancel, nullify, setaside the illegal, unlawful and fraudulent Sale Deed dated 04.05.2007 registered as Document No. 1076/2007 at the SRO, Periamet, Ratification Deed 07.11.2007, registered as Document No.2404/2007 at the SRO, Periamet, and Sale Deed dated 19.05.2008, registered as Document No.1034/2008 at the SRO, Periamet, and subsequent patta issued in the name of the fourth respondent as well as to recover the property at Door No.4/9, Alathur Subramaniya Achari Street, Choolai, Chennai -600 112, from the fourth respondent and initiate criminal action against the fourth respondent.

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2. The grievance of the writ petitioner is that the property, which was originally endowed for Kattalai, has later been sold by the legal heirs of the original executor. Therefore, the petitioner made a representation on 24.01.2025. His prayer is for action to be taken on the same.

3. Without going into the merits of the allegations made, since a complaint has been lodged regarding the temple property, the second respondent shall take up the petitioner's representation for enquiry. Notices shall be issued to the petitioner as well as the concerned persons, including the third and fourth respondents. The complaint shall be enquired into and a decision can be made in accordance with the law. The said exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. Consequently, connected miscellaneous petition is closed. No costs. 18.03.2025 nsl 3/5

To 1.

THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM, CHENNAI-600 034.

2.

THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NO. 12/54, SONA PLAZA, RTO ROAD, SATHUVACHARI, VELLORE - 632 009.

3.

THE HONORARY AGENT OF THE HEREDITARY TRUSTEE, A/M. VEERARAGHAVASWAMI DEVASTHANAM, TIRUVALLUR - 602 001.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 18.03.2025 5/5