P.M.Palanichami, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.8858 of 2010 1.P.M.Palanichami 2.K.M.Kandasami .. Petitioners -vs1.The State of Tamil Nadu, rep. by Secretary to Government - HR & CE, Fort St. George, Chennai-600 009.

2.The Commissioner, HR & CE, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, HR & CE - Erode District, Erode.

4.Sri Sellandi Amman & Vagaira Temples (Sri Sellandi Amman, Sri Sirukaleeswarar & Sri Alagaraya Perumal Temples) Sirukalanchi (Via) Oothukuli-638 751, Avinashi Taluk, Tiruppur District, rep. by The Executive officer, Sri Sellandi Amman Temple, Sirukalanchi, Perundurai Taluk, Erode District.

5.Kanagavalli 6.Muthu Nagalakshmi 7.Prema 8.Sivasubramania Gurukkal 9.S.Nagarathinam 10.S.Radhamani 11.S.Subburaja Lakshmi .. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to initiate action in accordance with the provisions of the Tamil Nadu HR & CE Act and to secure the 4th respondent Temples and the properties endowed and recognised in TD No.487.

For Petitioner : Mr.T.M.Hariharan For Respondents : Mr.STS.Moorthy Govt. Pleader for R1 Mr.S.Kandaswamy Spl. G.P.(HR & CE) for R2 and R3 Mr.K.Ashok Kumar for R4 (No Appearance) Mr.N.Manokaran for R6 & R7

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The allegation in this writ petition is that the Trustee and the Poojari have managed to obtain pattas in their names in respect of the land of the temples/4th respondent. It is further stated that it is at the behest of the petitioners, a scheme was framed, as per the general notification dated 02.07.2007 at page Nos.33 to 38 of the typed set.

2. The petitioners did not make any representation before approaching this Court.

3. In view of the aforesaid facts and circumstances, we are of the view that the only direction which could be issued is for the first three respondents to look into the allegations made in the writ petition and take a decision in accordance with law within one month of the receipt of our order, after notice to all concerned by a speaking order.

4. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Secretary to Government - HR & CE, Fort St. George, Chennai-600 009.

2.The Commissioner, HR & CE, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, HR & CE - Erode District, Erode.

4.The Executive officer, Sri Sellandi Amman Temple, Sirukalanchi, Perundurai Taluk, Erode District.

1 cc to Mr.T.M.Hariharan ,Advocate, SR.No.14821/15 1 cc to Mr.K.Ashok Kumar ,Advocate, SR.No.14644/15 1 cc to Mr.N.Manokaran ,Advocate, SR.No.14740 1 cc to Spl.Government Pleader,Sr.No14708/15 W.P.No.8858 of 2010 kgk(co) pmk.27.3.2015