Sa.Thamizh Arasu (Trustee), v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P. NOS.26941 OF 2016 & 27191 OF 2013 AND MP. NO.1 OF 2013 Sa.Tamizh Arasu (Trustee)
...Petitioner in W.P. No.26941 of 2016
S.V.Adhimoolam
...Petitioner in W.P. No.27191 of 2013
Vs
1. The Joint Commissioner, HR & CE, Salem.
2. The Suprintendent of HR & CE, Hindu Religious and Endowments Board,
3. The Inspector & Fit Person, Sri Chenna Keasava Perumal Temple, Setrapatti Village, Harur Taluk,
4. The Inspector of Police, Morappur Police Station,
...Respondents in W.P. No.26941 of 2016
1. The State by The Commissioner Department of HR & CE, No.119, Uthamar Gandhi Salai, Chennai-34.
2. The District Collector, Dharmapuri District, Dharmapuri.
3. Tamilarasu
4. The president, Panchayat Union, Settrapatti Village and Post, Harur Taluk, Dharmapuri District.
...Respondents in W.P. No.27191 of 2013
Prayer in W.P. No.26941 of 2016: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the 4th respondent to offer police protection to the petitioner to protect the temple property situate at S.No.32/12 comprised in patta No.52 measuring around 4 and 1⁄2 acres at Satrapatti Village, Dharmapuri District. Prayer in W.P. No.27191 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the 1st respondent to consider the representation dated 19.7.2013 in respect of the pathway to the Sri Venugopal Sami Temple in Survey No.32/12 in Settrappatti Village and post Harur Taluk Dharmapuri District. For Petitioners :
Mr.Sunny for Mr.V.Raghavachari in W.P. No.26941 of 2016 Mr.V.Raghavan in W.P. No.27191 of 2013 For Respondents :
Mr.NRR.Arun Natarajan, Government Advocate for R1 to R4 in W.P. No.26941 of 2016 and R1 & R2 in W.P. No.27191 of 2013 No Appearance for R3 & R4 in W.P. No.27191 of 2013 COMMON ORDER Heard Mr.Sunny, learned counsel for the petitioner in W.P. No.26941 of 2016, Mr.V.Raghavan, learned counsel for the petitioner in W.P. No.27191 of 2013 and Mr.NRR.Arun Natarajan, learned Government Advocate for the official respondents.
2. In W.P. No.26941 of 2016, the petitioner has sought a mandamus directing the fourth respondent to offer police protection to the petitioner to protect the temple property situated at S.No.32/12 comprised in Patta No.52 measuring around
4 and 1⁄2 acres at Satrapatti Village, Dharmapuri District. This prayer has worked itself out by sheer elapse of time. If at all such police protection was thought necessary, the petitioner ought to have taken efforts to bring this writ petition up and pursue the prayer. Having rested content between 2013 & today, I see no reason to entertain this writ petition and dismiss the same.
3. As far as W.P. No.27191 of 2013 is concerned, the writ petitioner has sought a mandamus directing the 1st respondent to consider the petitioner's representation dated 19.07.2013 in regard to a pathway for the Sri Venugopal Sami Temple in Survey No.32/12 in Setrapatti Village and post, Harur Taluk, Dharmapuri District behind the Sri Chenna Kesava Perumal Temple, Settrapattil Village located in S.F. No.31/9. According to the learned counsel for the petitioner, there is only a rough track which leads to the Venugopal Sami Temple. However, there is no acknowledgment for receipt of the representation before the authorities and at this distance of time, I am not inclined to adjourn the matter to enable either party to verify this aspect.
4. Suffice it to permit the petitioner to move a fresh representation in this regard before R1. Such representation if and when filed, shall be considered by R1 and orders passed after hearing the petitioner within a period of four (4) weeks from date of receipt of the representation. With the aforesaid direction, this writ petition is closed. Connected Miscellaneous Petition is also closed. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar rkp To
1. The Joint Commissioner, HR & CE, Salem.
2. The Suprintendent of HR & CE, Hindu Religious and Endowments Board,
3. The Inspector & Fit Person, Sri Chenna Keasava Perumal Temple, Setrapatti Village, Harur Taluk,
4. The Inspector of Police, Morappur Police Station,
5. The Commissioner Department of HR & CE, No.119, Uthamar Gandhi Salai, Chennai-34.
6. The District Collector, Dharmapuri District, Dharmapuri.
7. The President, Panchayat Union, Settrapatti Village and Post, Harur Taluk, Dharmapuri District.
+1cc to Mr.V.Raghavan, Advocate, S.R.No.33425 +1cc to Mr.V.Raghavachari, Advocate, S.R.No.33083 +1cc to the Special Government Pleader(HR & CE), S.R.No.33646 and 33647 W.P. Nos.26941 of 2016 & 27191 of 2013 and MP. No.1 of 2013 SS(CO) RLP(24/09/2021)