G.E. Jayashankar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY G.E. JAYASHANKAR ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, E.V.K.SAMPATH BUILDINGS, 7TH FLOOR, DPI CAMPUS, COLLEGE ROAD, CHENNAI - 600 006.
3.
THE EXECUTIVE OFFICER / FIT PERSON, A/M.PRASANNA VINAYAGAR TEMPLE, NO.65, CHOOLAI HIGH ROAD, CHOOLAI, CHENNAI - 600 112.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate and necessary action so as to cancel, nullify, set aside the illegal, unlawful and fraudulent transactions and transfers, carried out by third parties in respect of the property measuring an extent of 2850 sqft., comprised in Block No.28, S.No.1838, situated at Door No.22, Vallam Bangaru Street, 1/5
Purasawalkam, Chennai - 600 007, as well as to recover the same and initiate criminal action against all and such of those involved in such fraudulent activities within a time frame as may be fixed by this Court. For Petitioner : Mr.W.M.Abdul Majeed For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader
ORDER
This writ petition is filed to take appropriate and necessary action to cancel, nullify, set aside the illegal, unlawful and fraudulent transactions and transfers, carried out by third parties in respect of the property measuring an extent of 2850 sqft., comprised in Block No.28, S.No.1838, situated at Door No.22, Vallam Bangaru Street, Purasawalkam, Chennai - 600 007.
2. Upon hearing the learned counsel appearing for the petitioner, it can be seen that the grievance of the petitioner is that the said property is a temple property. However, third parties are controlling the same and have misappropriated the rents of the temple.
3. When the matter came up for admission, the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 submitted that by an order dated 07.06.2024, the temple is now brought under the direct 2/5
control of the department. By another order dated 17.06.2024, the trustees were directed to hand over charge to a fit person. By communication dated 08.06.2024 and thereafter on 05.08.2024, the fit person addressed the Sub Registrar and the Registration Authorities to provide him with the documents. Once the documents are collected, further action will be taken.
4. The fit person, as well as the other authorities, are directed to take all necessary steps, including filing criminal cases against any person misappropriating temple funds and also take action under the Act to regain control of the temple property and to properly possess and manage the same in the best interest of the deity. The respondents shall proceed immediately upon receipt of all the particulars of the Sub Registrar. The parties shall act on the web copy of the order without waiting for the certified copy of the order.
5. In view thereof, this writ petition is disposed of. No costs. 08.04.2025 nsl 3/5
To 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, E.V.K.SAMPATH BUILDINGS, 7TH FLOOR, DPI CAMPUS, COLLEGE ROAD, CHENNAI - 600 006.
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D.BHARATHA CHAKRAVARTHY, J.
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