S.Gopalakrishnan, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.1164 of 2018 and WMP.No.1453 of 2018 S.Gopalakrishnan (Pattayakkarai Vahayara) No.1/117, Angalamman Koil Street, Periya Kollappatty Salem - 636 008.

.. Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary Tourism, Culture & Religious Endowment Department Fort St.George, Chennai-600 009.

2.The Commissioner Hindu Religious & Charitable Endowment Department.

3.The Joint Commissioner Hindu Religious & Charitable Endowment Department.

4.R.Shankar The Executive Officer Arulmighu Ayyanarappan Temple Vembeneri Village, Edappadi Taluk, Salem District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to forthwith take appropriate action on the representations of the petitioner dated 17.5.2017 and 08.01.2018 and consequently, save the properties of the temple namely, Arulmigu Sri Ayyanarappan Temple, situated in S.No.49/1 at Vembaneri Village, Edappadi Taluk, Salem District.

For Petitioner: Mr.K.Selvaraj For Respondents: Mr.D.Suriyanarayanan Additional Government Pleader for R1 Mr.M.Maharaja Special Government Pleader (HR & CE) for R2 & R3.

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the first respondent. Mr.M.Maharaja, learned Special Government Pleader (HR & CE) takes notice for the respondents 2 and 3. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents 1 to 3 to forthwith take appropriate action on the representations of the petitioner dated 17.05.2017 and 08.01.2018 and consequently, save the properties of the Temple namely, Arulmigu Sri Ayyanarappan Temple, situated in S.No.49/1 at Vembaneri Village, Edappadi Taluk, Salem District.

3. Heard both sides.

4. It is claimed by the petitioner that the petitioner's family has gifted the said land to the said Temple and however, the fourth respondent namely the Executive Officer of the said Temple has allowed his relatives to occupy the said property, without collecting any rent. Ventilating such grievance, the petitioner has made two representations on 17.05.2017 and 08.01.2018. The grievance of the petitioner is that the respondents 1 to 3 have not taken any action so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents, more particularly, the third respondent to consider the grievance of the petitioner and pass appropriate orders on merits and in accordance with law, after conducting proper enquiry. Therefore, this writ petition is disposed of, only with a direction to the third respondent to consider the

representations of the petitioner 17.05.2017 and 08.01.2018 and pass orders on the same, on merits and in accordance with law, after conducting propery enquiry, also by providing due opportunity of hearing to the petitioner and other interested persons, if any. The third respondent shall pass such order within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mk To 1.The Secretary, The State of Tamil Nadu Tourism, Culture & Religious Endowment Department Fort St.George, Chennai-600 009.

2.The Commissioner Hindu Religious & Charitable Endowment Department. 3.The Joint Commissioner Hindu Religious & Charitable Endowment Department. 4.R.Shankar The Executive Officer Arulmighu Ayyanarappan Temple Vembeneri Village, Edappadi Taluk, Salem District.

+ 1 cc to MR. Government Pleader Sr.5114 W.P.No.1164 of 2018 (CS-VIII) EU(07/02/2018)