B.Gopi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2024 CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K. KUMARESH BABU B.Gopi ... Petitioner Vs.
1. The Commissioner, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 006.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Near Rangasamy Kolam, Kanchipuram 631 501.
3. The Assistant Commissioner, District Collectorate Office, Kanchipuram 631 501.
4. The Inspector of HR & CE, Hindu Religious and Charitable Endowment Department. Old Panchayat Office, Walajabad, Kanchipuram District.
... Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to dispose of the petitioner's representation dated 19.03.2024 in accordance with law, within the time, fixed by this court.
For Petitioner : Ms.S.Thamizharasi For Respondents : Mr.N.R.R.Arun Natarajan, Special Government Advocate (HR & CE) for respondents
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed to direct the respondents to dispose of the petitioner's representation dated 19.03.2024 in accordance with law, within a time frame, as fixed by this court.
2. The petitioner is a devotee of " Shri VenkatesaPerumal Temple" which is situated at Nadu Street, Aiyanpettai Village, Walajabad Taluk, Kancheepuram District and it having 5 uba temples also. According to him, the temples have got properties, which is tabulated as below.
Village Survey No.
patta no.
Extent Punja/ Nanja Aiyanpettai 18/1B 0.26.5 Nanja 14/1 0.75.5 Nanja Nathampettai 0.39.0 Punja 0.23.0 Ozhaiyur 234/23 23.99.0 Punja Total Extent 25.63.0 Hectares The properties of the temples are being occupied illegally by so many persons and by constructing houses, they are enjoying the same for several years, without paying any rent or lease to the temple. In this regard, the petitioner has sent a representation dated 19.03.2024 to the respondents requesting to bring the properties under the control of HR & CE Department and the matter is pending for enquiry. Hence this writ petition has been filed.
3. The learned Special Government Pleader appearing for the respondents submitted that, action has been taken by the respondent concerned against the encroachment of the temple properties and enquiry is going on, however, it will take further time to complete the enquiry, after
giving opportunities to the parties concerned.
4. Considering the limited scope of prayer and also taking into account the submission made by the learned Special Government Pleader, we inclined to pass the following order.
i) The third respondent is directed to complete the enquiry, after affording opportunity to the parties concerned and pass appropriate orders in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
(D.K.K., A.CJ.) (K.B.J.) Internet: Yes/No 24.07.2024 Index : Yes/No mst To
1. The Commissioner, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 006.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department,
Near Rangasamy Kolam, Kanchipuram 631 501.
3. The Assistant Commissioner, District Collectorate Office, Kanchipuram 631 501.
4. The Inspector of HR & CE, Hindu Religious and Charitable Endowment Department. Old Panchayat Office, Walajabad, Kanchipuram District
THE HON'BLE ACTING CHIEF JUSTICE and K. KUMARESH BABU , J.
mst 24.07.2024