K. Kaalathampadi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.13746 of 2025 K. KAALATHAMPADI ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, UTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI.
2.
THE JOINT COMMISSIONER, JOINT COMMISSIONER OFFICE, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, TRUST HOSPITAL BUILDING(NEAR), ERODE DISTRICT-638 001.
3.
THE ASSISTANT COMMISSIONER, ASSISTANT COMMISSIONER OFFICE, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, EX.JAWANS BHAVAN BUILDING, ERODE DISTRICT-638 001.
4.
THE JURISDICTIONAL INSPECTOR, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI-600 034.
5.
P.SHANMUGAM ... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 to consider the petitioner's representation dated 13.02.2025 and to conduct an enquiry and to dispose the same in time bound manner known to law. For Petitioner : Ms.V.S.Usharani For R1 to R4 : Mr.S.Ravichandran Additional Advocate General
ORDER
This writ petition is filed with a prayer to direct respondents 1 to 4 to consider the petitioner's representation dated 13.02.2025 and to conduct an enquiry and dispose of the same in a time-bound manner as known to law.
2. Upon hearing the learned counsel appearing on either side and perusing the material records of the case, including the petitioner's representation, the grievance of the petitioner is that the fifth respondent and other persons have now started the renovation work and are also proceeding with the preparation to conduct the Kudamuzhuku without any permission from the authorities. Even the work is being carried out in a hectic pace without permission and in non-compliance with the judgment of the Hon'ble Division Bench of this Court.
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3. When the matter came up for admission, Mr.S.Ravichandran, the learned Additional Government Pleader taking notice on behalf of the respondents 1 to 4 submitted that the representation would be immediately taken up for consideration and appropriate orders would be passed in accordance with law.
4. In view thereof, this writ petition is disposed of on the following terms:
(i) The petitioner's representation dated 13.02.2025 shall be immediately taken up for enquiry by the second respondent. (ii) The second respondent shall also issue notice to the petitioner as well as the fifth respondent and others who are supposed to have been carrying out the works in the temple. If any interim directions are to be given, the second respondent shall also grant interim directions. (iii) The second respondent shall ensure whether the directions granted by the Hon'ble Division Bench judgment of this Court in W.P.No.574 of 2015 are being complied with. After affording an opportunity to both sides, orders shall be passed on the representation.
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(iv) The enquiry shall be conducted on 08.04.2025, orders shall be passed accordingly. Consequently, connected miscellaneous petition is closed. No costs.
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THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, UTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI.
2.
THE JOINT COMMISSIONER, JOINT COMMISSIONER OFFICE, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, TRUST HOSPITAL BUILDING(NEAR), ERODE DISTRICT-638 001.
3.
THE ASSISTANT COMMISSIONER, ASSISTANT COMMISSIONER OFFICE, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, EX.JAWANS BHAVAN BUILDING, ERODE DISTRICT-638 001.
4.
THE JURISDICTIONAL INSPECTOR, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI-600 034.
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D.BHARATHA CHAKRAVARTHY, J.
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