Smt.S.Charulatha, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.13757 of 2017 S.Charulatha ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3. The Executive Officer, Arulmighu Dhandeeswarar Tirukoil, Karunambigai Temple, Velachery, Chennai-600 042.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 3rd respondent herein to consider the petitioner's representation dated 17.05.2016 and to transfer the lease hold right of P.Damodharan Pillai to the petitioner with respect to 2400 sq.feet of land in Plot No.9, present Door No.7, Survey No.129, Karunambigai Colony, Velachery, Chennai-42.

For Petitioner : Mr.Krishna Prasad. R For Respondents: Mr.Maharaja, Special Government Pleader, HR & CE

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the third respondent to consider her representation dated 17.05.2016 to transfer the lease hold right of P.Dhamodharan Pillai, in her favour with respect to land

measuring an extent of 2400 sq.ft in Plot No.9, New No.7, Survey No.129, Karunambikai Colony, Velachery, Chennai-42.

2. The learned counsel appearing for the petitioner submitted that though the petitioner has given her representation as early as on 17.05.2016, the third respondent has not considered the same yet.

3. Mr.Maharaja, learned Special Government Pleader, taking notice for the respondents submitted that the third respondent may be directed to consider the petitioner's representation in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the third respondent to consider the petitioner's representation on 17.05.2016 and pass order on merits, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.With this observation, the Writ Petition is disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar gsk To

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3. The Executive Officer, Arulmighu Dhandeeswarar Tirukoil, Karunambigai Temple, Velachery, Chennai-600 042.

+1cc to M/S.Sarvashauman Associates, Advocate Sr.39869 +1cc to the Government Pleader Sr.40546 W.P.No.13757 of 2017 srg 13/06/2017