Madras High CourtWP/25191/2017disposed of

N.Thimmarayappa v. The Commissioner

2017-09-20Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.25191 of 2017 N.Thimmarayappa [ Petitioner ] Vs 1 The Commissioner, Nungambakkam, Chennai 34.

2 The Commissioner of Land Administration Chepauk, Chennai 5.

3 The Director General of Police, Kamarajar Salai, Chennai 4.

4. The District Magistrate cum District Collector, Krishnagiri District.

5. The Taluk Executive Magistrate/Tahsildar, Hosur, Krishnagiri District.

6. The Deputy Inspector General of Police, Yercaud Main Road, Salem 636 007.

7. The Joint Commissioner, Salem 1.

8. The Special Tahsildar, Temple Lands, Endowment Department, Krishnagiri.

9. The Assistant Commissioner, Endowment, Dharmapuri.

10.The Inspector of Police, Pagalur, Krishnagiri District.

[ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 4,6 and 7 to take appropriate action on the basis of report submitted by the 5th respondent dated 06.06.2017 and also on the petitioner's representation dated 21.06.2017 and thereby appoint a Fit person to the Arulmigu Karaga Devatha Amman Thirukoil, Singasathanapalli, Hosur Taluk, Krishnagiri District for renovating and safeguarding the lands of the said temple respectively.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.M.Maharaja, SGP (R1 & 9) Mr.R.Rajeswaran, SGP (R2 to 8 & 10)

ORDER

q Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 and 9 and Mr.R.Rajeswaran, learned Special Government Pleader takes notice for respondents 2 to 8 and 10. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents 4,6 and 7 to take appropriate action on the basis of report submitted by the 5th respondent dated 06.06.2017 and also on his representation dated 21.06.2017 and thereby appoint a Fit person to the Arulmigu Karaga Devatha Amman Thirukoil, Singasathanapalli, Hosur Taluk, Krishnagiri District for renovating and safeguarding the lands of the said temple respectively.

3. The learned counsel appearing for the petitioner submitted that it would be suffice to direct the 4th respondent to consider the petitioner's representation dated 21.06.2017, taking into consideration the report of the 5th respondent and pass orders in accordance with law.

4. Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents 1 and 9 submitted that the 4th respondent may be directed to consider the petitioner's representation dated 21.06.2017 and pass orders in accordance with law, after giving notice to all the interested parties.

5. Mr.R.Rajeswaran, learned Special Government Pleader, appearing for the respondents 2 to 8 and 10 submitted that the

4th respondent may be directed to consider the petitioner's representation dated 21.06.2017, taking into consideration the report of the 5th respondent dated 06.06.2017 and pass orders in accordance with law, within a period of four weeks.

6. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 4th respondent to consider the petitioner's representation dated 21.06.2017, taking into consideration the report of the 5th respondent, and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties.

With this observation, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar rg To 1 The Commissioner, Nungambakkam, Chennai 34.