M.D.Jayapal, v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.15077 of 2014 & M.P.No.1 of 2014 M.D.Jayapal ..

Petitioner v.

1.The Joint Commissioner Hindu Religious & Charitable Endowment Board Villupuram Villupuram District.

2.The Inspector Hindu Religious & Charitable Endowment Board Kallakurichi Villupuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the 1st respondent to consider and pass orders on the representation dated 22.03.2014 given to remove lock and seal of the building situated in Survey No.86/28, at Vadaponparappi Village, Sankarapuram Taluk, Villupuram District. For Petitioner : Mr.A.G.Rajan For Respondents : Mr.M.L.Mahendran, Govt.Advocate

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to consider the representation dated 22.03.2014 to remove the lock and seal of the building situated in Survey No.86/28, at Vadaponparappi Village, Sankarapuram Taluk, Villupuram District.

2. The petitioner claims himself to be a Hereditary Trustee of a Temple in Villupuram District. However, no records have been placed by the petitioner to prove that he is a Hereditary Trustee, either recognised by the Hindu Religious and Charitable Endowment Board or by a decree of civil Court. Therefore, the contention that the petitioner is a Hereditary Trustee cannot be accepted. It is seen that FIR was registered against the petitioner at the instance of the Department with regard to the trespass into the property.

3. Be that as it may, now the petitioner would state that the building owned by the temple has been locked and sealed. It is not known under what circumstances the respondent had to exercise such a power of locking and sealing the building. In any event, a representation is pending before the first respondent. The first respondent is directed to pass a speaking order and communicate the same to the petitioner as expeditiously as possible. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gms To 1.The Joint Commissioner Hindu Religious & Charitable Endowment Board Villupuram, Villupuram District.

2.The Inspector Hindu Religious & Charitable Endowment Board Kallakurichi,Villupuram District.

+ 1 cc to Government Pleader Sr.7892 + 1 cc to Mr.A.G. Rajan, Advocate Sr.7608 W.P.No.15077 of 2014 VSN(CO) Eu 18.02.15 https://hcservices.ecourts.gov.in/hcservices/