S.Balashankar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.10129 of 2023 S.Balasankar

...Petitioner

Vs.

1.Union of India, Represented by its Chief Secretary, 2.Secretary to Hindu Religious Institutions, 3.Secretary to Revenue (cum) District Collector, 4.Commissioner, Department of Hindu Religious Institutions, 1/6

5.Sub-Registrar, Office of the Sub-Registrar, Bahour, 6.Board of Trustees, Sri Arulmigu Muthumariamman Sri Vinayagar Alayam, Kalmandapam, Nettapakkam Commune, Puducherry District.

..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner representation dated 17th March 2023. For Petitioner : Mr.V.Balamurugane For R1 to R5 : Mr.M.Nirmal Kumar Government Advocate (Puducherry)

ORDER

The relief sought for in the present writ petition is for a direction to direct the respondents 1 to 4 to consider the representation submitted by the writ petitioner on 17.03.2023.

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2. The learned counsel for the petitioner states that the forefather of the petitioner donated immovable property in favour of Sri Arulmigu Muthumariamman Sri Vinayagar Alayam at Kalmandapam, Nettapakkam Commune, Puducherry District. The 6th respondent / Board of Trustees attempted to alienate the property in favour of third parties. Therefore, the petitioner submitted a representation to the authorities to prevent any such illegality but no action has been taken. Thus, the petitioner is constrained to move the present writ petition.

3. The learned Government Advocate appearing on behalf of the Puducherry Government made a submission that no such files are in process with the Government and the Temple is falling under the control of the Hindu Religious and Charitable Endowments Department of the Government of Puducherry. Thus, without permission from the Government, alienation cannot be done.

4. Since no such files are in progress, the present writ petition is untenable and filed merely based on apprehension. 3/6

5. In view of the said statement made by the learned Government Advocate appearing on behalf of the Government of Puducherry, no further consideration needs to be undertaken in respect of the relief as such sought for in the present writ petition.

6. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 31.03.2023 Index : Yes Speaking order kak To 1.The Chief Secretary, Union of India, 4/6

2.The Secretary to Hindu Religious Institutions, 3.The Secretary to Revenue (cum) District Collector, 4.The Commissioner, Department of Hindu Religious Institutions, 5.The Sub-Registrar, Office of the Sub-Registrar, Bahour, 6.The Board of Trustees, Sri Arulmigu Muthumariamman Sri Vinayagar Alayam, Kalmandapam, Nettapakkam Commune, Puducherry District.

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S.M.SUBRAMANIAM, J.

kak 31.03.2023 6/6