M.Selvarasan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.14790 of 2022 and W.M.P.No.13992 of 2022 M.Selvarasan ... Petitioner Vs 1.The Commissioner, The Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, The Hindu Religious and Charitable Endowments Department, Erode.
3.The Assistant Commissioner, The Hindu Religious and Charitable Endowments Department, Namakkal.
4.The Inspector of Police, Belukurichi Police Station, Namakkal District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to open the Temple, namely Arulmighu Chellandi Amman Temple located at Belukurichi Village, Sendhamangalam Taluk, Namakkal District and also effect immediate restoration of the structure to enable the worshippers to offer their prayers in the Temple.
For Petitioner : Mr.V.Raghavachari For Respondents:
For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader For R4 : Mr.M.Shahjahan Special Government Pleader
ORDER
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader takes notice on behalf of the first to third respondents and Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the fourth respondent.
2. This Writ Petition is being disposed at the time of admission though there is a stiff opposition by a person representing rival party stating that the Temple is in a dilapidated condition and that he has also obtained a decree in O.S.No.404 of 1990 on the file of the District Munsif Court, Namakkal. It is submitted that there are connected Writ Petitions in W.P.Nos.29505 of 2016, 7903 of 2017 and Crl.O.P.No.6586 of 2016 and the relief prayed for in this writ petition should not be granted to the petitioner.
3. Supporting the case of the petitioner, the learned Special Government Pleader for the first to third respondents submits that the petitioner's representation will be considered and appropriate orders will be passed. Therefore, I am inclined to dispose this writ petition by directing the third respondent to pass appropriate orders on the petitioner's representation dated 09.05.2022, within a period of four weeks from the date of receipt of a copy of this order.
4. Before passing such order, the Dharmakartha of the Temple, Mr.Arulprakasam, shall also be heard.
5. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar arb To 1.The Commissioner, The Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, The Hindu Religious and Charitable Endowments Department, Erode.
3.The Assistant Commissioner, The Hindu Religious and Charitable Endowments Department, Namakkal.
4.The Inspector of Police, Belukurichi Police Station, Namakkal District.
+1 cc to Mr.V.Ragavachari, Advocate Sr.NO. 35751 +1 cc to Government Pleader Sr.NO. 36471 +1 cc to Special Government Pleader(HR & CE) Sr.NO. 36805 W.P.No.14790 of 2022 and W.M.P.No.13992 of 2022 PMK(CO) A.SK(01/07/2022)