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Madras High CourtWP/14669/2025disposed of

E.P.Parthasarathy v. The Secretary To Government

2025-04-24Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY E.P.PARTHASARATHY ... Petitioner Vs 1.

THE SECRETARY TO GOVERNMENT, RELIGIOUS ENDOWMENTS, TAMIL NADU CULTURE AND TOURISM DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009.

2.

THE COMMISSIONER, H.R. & C.E.

ADMINISTRATION DEPARTMENT, MAHATMA GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034.

3.

THE JOINT COMMISSIONER, CHENNAI CITY II, H.R. & C.E. DEPARTMENT, NO. 130, R.K.MUTT ROAD, MYLAPORE, CHENNAI - 600 004.

4.

THE INSPECTOR, H.R. & C.E. DEPARTMENT, MYLAPORE, CHENNAI - 600 004.

5.

THE COMMISSIONER, DEPARTMENT OF ARCHAEOLOGY, TAMIL DEVELOPMENT COMPLEX, HALLS ROAD, EGMORE, CHENNAI - 600 008.

6.

THE COMMISSIONER, GREATER CHENNAI CORPORTION, RIPON BUILDING, PARK TOWN, CHENNAI - 600 003.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the 1/5

issuance of Writ of Mandamus, directing the respondent No.4 to implement the directions issued by respondent No.3, vide Letter dated 04.11.2024, bearing Na.Ka.No.3210/2024/E1, within a stipulated time as may be deemed appropriate by this Court.

For Petitioner : Ms.B.Anandhi For R1 to R5 : Mr.K.Karthikeyan Government Advocate For R6 : Mr.A.Arunbabu

ORDER

This writ petition is filed to direct fourth respondent to implement the directions issued by third respondent, vide letter dated 04.11.2024, bearing Na.Ka.No.3210/2024/E1, within a stipulated time as may be deemed appropriate by this Court.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support thereof, the grievance of the petitioner is that, abutting the compound wall of the temple, six shops have been unauthorisedly built and the same amounts to an encroachment. Therefore, the petitioner had made a representation. The representation was also duly forwarded by the communication dated 04.11.2024 by the Joint Commissioner to the Inspector for taking action. Thereafter, no action has been taken. 2/5

Therefore, the petitioner is before this Court.

3. When the matter came up for admission, the learned Government Advocate appearing for the respondents 1 to 5 submitted that the fourth respondent will conduct an inspection and forward a report to the third respondent to take further action.

4. In view thereof, this writ petition is disposed of with the following directions:

(i) The fourth respondent shall conduct an enquiry on the representation of the petitioner dated 13.09.2024 within a period of 4 weeks from the date of receipt of the web copy of the order and submit a report to the third respondent.

(ii) The third respondent shall take further action thereupon in accordance with law within a period of 12 weeks thereafter. (iii) In the process, the petitioner shall also be heard. No costs. 24.04.2025 nsl 3/5

To 1.

THE SECRETARY TO GOVERNMENT, RELIGIOUS ENDOWMENTS, TAMIL NADU CULTURE AND TOURISM DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009.

2.

THE COMMISSIONER, H.R. & C.E.

ADMINISTRATION DEPARTMENT, MAHATMA GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034.

3.

THE JOINT COMMISSIONER, CHENNAI CITY II, H.R. & C.E. DEPARTMENT, NO. 130, R.K.MUTT ROAD, MYLAPORE, CHENNAI - 600 004.

4.

THE INSPECTOR, H.R. & C.E. DEPARTMENT, MYLAPORE, CHENNAI - 600 004.

5.

THE COMMISSIONER, DEPARTMENT OF ARCHAEOLOGY, TAMIL DEVELOPMENT COMPLEX, HALLS ROAD, EGMORE, CHENNAI - 600 008.

6.

THE COMMISSIONER, GREATER CHENNAI CORPORTION, RIPON BUILDING, PARK TOWN, CHENNAI - 600 003.

D.BHARATHA CHAKRAVARTHY, J.

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