S.Karunaamoorthy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.06.2015 Coram:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16061 of 2015 S.Karunaamoorthy .. Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowments, Chennai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Villupuram 3.The Joint Commissioner, Hindu Religious and Charitable Endowments, Thiruvannamalai ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 23.03.2015 consequently direct the respondents to hold property enquiry on the illegal conversion of property owned by "Annadhana Devara Padasalai Trust" in Car Street, Tiruvannamalai. For petitioner : Mr.B.Sathish Kumar For Respondents : Mr.M.L.Mahendran,G.A.(HR & CE)

ORDER

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner would state that one Mr.T.P.Suryanarayana Chettiyar formed a Trust under the name and style of "Annadhana Devara Padasalai Trust" with the sole object of disseminating Saivisim by propagating Devaram (a Religious recital/song). The maternal grandfather of the petitioner was a member of the said Trust. The managing Trustee was entrusted with certain properties and their income to carry out the object of the Trust. The said properties are in the form of shops bearing Door Nos.84 to 93, located at Car Street, Tiruvannamalai. The grievance expressed by the petitioner is that a private person is also running a shop near the Trust property and he is trying to convert the lane, owned by the https://hcservices.ecourts.gov.in/hcservices/

endowment, into a shop, by attaching the same with his shop. In this regard, the petitioner has submitted a representation to respondents 2 and 3 and the second respondent in turn has forwarded the same to the third respondent. Since no action has been taken, the petitioner came forward to file this writ petition.

3. Heard the submissions of Mr.B.Sathish Kumar, the learned counsel for the petitioner and Mr.M.L.Mahendran, the learned Government Advocate, who accepts notice on behalf of the respondents. 4.This Court, taking into consideration the limited scope of the prayer sought for by the petitioner, directs the third respondent to consider and dispose of the petitioner's representation dated 23.4.2015 in accordance with law, after putting on notice the persons concerned and pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the persons concerned.

5. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar msk To 1.The Commissioner, Hindu Religious and Charitable Endowments, Chennai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Villupuram 3.The Joint Commissioner, Hindu Religious and Charitable Endowments, Thiruvannamalai.

1 cc to Mr..B.Sathish Kumar , Advocate Sr.No.27224 W.P.No.16061 of 2015 MP(CO) PMK.17.6.2015 https://hcservices.ecourts.gov.in/hcservices/