Arulmigu Athanoor Amman v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.25938 of 2017 Arulmigu Athanoor Amman Tiruppani Sangam rep. by its Secretary, K.Muthuswami Anthanur Post, Rasipuram Taluk, Namakkal District.

.. Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

3. The Executive Officer, Arulmigu Athanoor Amman Temple Athanoor.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to grant estimation report and permission to the petitioner for the construction of Vinayagarsannathi, Muniyappansannathi, Athayeesannathi and office building at Arulmigu Athanoor Amman Temple, Athanoor, Rasipuram Taluk, Namakkal District, based on the petitioner's representation dated 06.07.2017.

For Petitioner : Mr.S.Senthil For Respondents : Mr.M.Maharaja, Special Government Pleader.

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a direction to the respondents to grant estimation report and permission to the petitioner for the construction of Vinayagarsannathi, Muniyappansannathi, Athayeesannathi and office building at Arulmigu Athanoor Amman Temple, Athanoor, Rasipuram Taluk, Namakkal District, based on the representation dated 06.07.2017.

4. The grievance of the petitioner is that the said representation has not been considered so far. At this stage, this Court is not expressing any view on the merits of the claim made by the petitioner as it is for the 3rd respondent to consider and decide the same on merits and in accordance with law. Accordingly, the writ petition is disposed of only by directing the 3rd respondent to consider the representation of the petitioner dated 06.07.2017 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner. Such exercise shall be done by the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

3. The Executive Officer, Arulmigu Athanoor Amman Temple Athanoor.

+1cc to Mr.S.Senthil, Advocate sR.No.71841 W.P.No.25938 of 2017 SDR 25.10.2017