N.Shanmugam v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Shanmugam S/o.Nagamuthu President, Arulmigu Sri Subramaniya Swamy Thirukovil Kainkarya Sabha 3/141, Middle Street, Akkaraipettai Nagapattinam - 611 106.
.. Petitioner Vs 1 The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Road Thousand Lights West, Nungambakkam Chennai - 600 034.
2 The Joint Commissioner HR & CE Joint Commissioner Office ASN Colony, Melakottaivasal 3 The Assistant Commissioner Hindu Religious and Charitable Endowments Department Tambarakolam Road
4 The District Collector Nagapattinam District Collectorate, Velippalayam Annai Nagar 5 The Director of Municipal Administration Commissionerate of Municipal Administration No.78, Urban Administrative Building Santhome High Road Chennai - 600 028.
6 The Commissioner Nagapattinam Municipality 7 Lalitha Ramamurthy .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the fourth respondent to issue necessary direction to the sixth respondent to demolish the three-storied building with Lalithambika Thirumana Mandapam which was constructed, without proper approval in the place allotted to parking area of temple chariot belonging to Arulmigu Navaneethakrishna Samy Temple, restore the place and hand over the same to the temple authorities.
For the Petitioner : Mr.M.K.Subramanian For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 4 and 5
: Mr.N.R.R.Arun Natarajan Special Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard learned counsel for the petitioner. The grievance of the petitioner is that construction has been carried out by the seventh respondent in the land belonging to the temple.
2. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing on behalf of respondents 1 to 3, on instructions, makes a statement that action has already been initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and the said proceedings may be concluded soon.
3. In view of the statement made by learned Special Government Pleader appearing on behalf of respondents 1 to 3 that action has already been initiated, no further orders are necessary.
The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.No.15207 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 01.06.2023 Index :
Yes/No Yes/No sasi
To:
1 The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Road Thousand Lights West, Nungambakkam Chennai - 600 034.
2 The Joint Commissioner HR & CE Joint Commissioner Office ASN Colony, Melakottaivasal 3 The Assistant Commissioner Hindu Religious and Charitable Endowments Department Tambarakolam Road 4 The District Collector Nagapattinam District Collectorate, Velippalayam Annai Nagar 5 The Director of Municipal Administration Commissionerate of Municipal Administration No.78, Urban Administrative Building Santhome High Road Chennai - 600 028.
6 The Commissioner Nagapattinam Municipality
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 01.06.2023