Muthuvelu Mazhavarayar, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-07-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.20569 of 2015 Muthuvelu Mazhavarayar ..
Petitioner vs
1. The Commissioner Tamil Nadu Hindu Religious & Charitable Board M.G.Road, Nungambakkam Chennai 600 034 2.The Block Development Officer (Village Panchayat) Panchanadhi Kottai Panchayat Union Orthanadu Taluk Thanjavur District 3.The Tahsildar Orathanadu Taluk Thanjavur District 4.The Collector Thanjavur District 5.The Chairman Panchayat Board Orathanadu Taluk Thanjavur District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation dated 28.5.2015, and also directing the first respondent to protect the properties of Veeranar Temple situated at Panchanadhi Kottai Village, Orathanadu Taluk, Thanjavur District.
For Petitioner : Mr.Aswin for Dr.G.Krishnamurthy For Respondents : Mr.M.L.Mahendran Government Advocate for R1 Mr.Rm.Muthukumar Government Advocate for RR2 & 5 Mr.V.Subbiah Special Government Pleader for RR3 & 4
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner claims to be the Trustee of Veeranar Temple situated at Panchanadhi Kottai Village, Orathanadu Taluk, Thanjavur District, and the property admeasuring to an extent of 59 cents in Survey No.80/10A, stands in the name of the temple in all revenue records. The petitioner would state that there are proceedings of the District Revenue Officer dated 31.12.1986, stating that the said land belongs to the temple.
3.The grievance now expressed by the petitioner, is that the fifth respondent taking advantage of his position, is trying to grab the land and also moved the authorities to cancel the 2C Patta and in this regard, the petitioner submitted a representation dated 28.5.2015, to the respondents and since no orders have been passed, came forward to file this writ petition.
4.Heard the submissions of the learned Counsel appearing for the petitioner, Mr.M.L.Mahendran, learned Government Advocate, who accepted notice on behalf of the first respondent, Mr.Rm.Muthukumar, learned Government Advocate, who accepted notice on behalf of the respondents 2 and 5 and Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the respondents 3 and 4. 5.This Court, without going into the merits of the claim projected by the petitioner, directs either the first respondent, or the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, to dispose of the petitioner's representation dated 28.5.2015, in accordance with law, after putting on notice, the persons concerned, within a period of eight weeks from the date of receipt of a copy of this order, and communicate the decision taken, to the petitioner as well as to the persons concerned. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar Note to Office:
Registry is directed to mark a copy of this order to the Assistant Commissioner, HR & CE, Thanjavur.
nsv
To:
1. The Commissioner Tamil Nadu Hindu Religious & Charitable Board M.G.Road, Nungambakkam Chennai 600 034
2. The Block Development Officer (Village Panchayat) Panchanadhi Kottai Panchayat Union Orthanadu Taluk Thanjavur District
3. The Tahsildar Orathanadu Taluk Thanjavur District
4. The Collector Thanjavur District
5. The Chairman Panchayat Board Orathanadu Taluk Thanjavur District Copy to:
The Assistant Commissioner HR & CE, Thanjavur.
+1 cc to Mr.G.Krishnamoorthy,Advocate, sr.34923. +1 cc to Government Pleader, sr.35143 +1 cc to Government Pleader, sr.35163.
W.P.No.20569 of 2015 vgi(co) kra(28/07)