Mrs.K.Vasantha, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.19721 of 2016 K.Vasantha ... Petitioner Vs.

1. The District Collector

2. The Commissioner Hindu Religious & Charitable Endowment [HR&CE], Nungambakkam, Chennai 600 034.

3. The Joint Commissioner of HR&CE, Hindu Religious & Charitable Endowment [HR&CE] Myladuthurai, Nagapattinam District.

4. The Superintendent of Police

5. The Deputy Superintendent of Police Land Grabbing Cell, Nagapattinam District.

6. The Inspector of Police Anti-Land Grabbing Special Cell Nagapattinam District 611 001.

7. M/s.Arulmighu Sattanadha Swamy Devasthanam, Sirkali, Nagapattinam District.

8. R.Selvam ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 2 and 3 to take action and pass orders on petitioner's representation dated 29.10.2015 relating to the Grabbing of 5 1⁄2 acres of "Sattanadhasamy Temple Land", Sirkali, Nagapattinam District in Survey No.418/10, 408/10, 391 by the 8th respondent and his asociates, running Vizag Estate Promoters, carried layout of 83 plots under the name and style of Thirugnanasambandar Colony within a stipulated period of time.

For Petitioner :

Mr.R.Venkatesan For RR 2, 3 & 7 :

Mr.K.V.Dandapani, Additional Government Pleader [HR&CE] For RR 1,4,5&6 :

Mr.R.Govindasamy, Special Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2.

The petitioner would state that she had approached Tvl.Mani, S/o.Sambandam, Balasubramanian, S/o.Rasu and A.P.S.Kumar, S/o.Periyasamy, for the purpose of purchasing a house plot and it was represented that only on the issuance of a 'No Objection' by the Hindu Religious and Charitable Endowment to sell the lands belonging to Arulmigu Sattanadhaswamy temple, she can purchase the same and accordingly, an agreement of sale dated 25.11.2004 was executed by the above mentioned three persons in favour of the petitioner and also, the petitioner paid an advance of Rs.1,00,000/- with an understanding that the remaining sale consideration is to be paid within six months commencing from 25.11.2004. However, no progress has taken place after the agreement of sale.

The petitioner on suspicion, has also sought an information before the Joint Commissioner, Headquarters, as to whether any No Objection was given in favour of the above three persons to dispose of the lands belonging to the temple and it was informed that no such order was passed. The petitioner in this regard, has submitted a detailed representation dated 29.10.2015 to the respondents praying for appropriate action to protect the lands belonging to Arulmigu Sattanadhaswamy temple, Sirkali, Nagapattinam District, in Survey Nos.418/10, 408/10, 391 and though the said representation was said to have been received, no action was taken whatsoever and hence, the petitioner is constrained to approach this Court by filing the present writ petition. 3.

Heard the submissions of the learned counsel for the petitioner ; Mr.K.V.Dhandapani, learned Additional Government Pleader [HR&CE] who accepts notice on behalf of respondents 2, 3 and 7 and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents 1, 4, 5 and 6.

4.

Though the petitioner prayed for a larger relief, this Court, in the lights of the facts and circumstances and

without going into the merits of the same, directs the Commissioner, HR&CE, the 2nd respondent herein, to consider and dispose of the petitioner's representation dated 29.10.2015 on merits and in accordance with law, after putting on notice, Tvl.Mani, S/o.Sambandam, Balasubramanian, S/o.Rasu and A.P.S.Kumar, S/o.Periyasamy, as well as the 8th respondent herein and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the 8th respondent and the persons concerned.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar AP To

1. Mr. Mani, S/o.Sambandam Residing at Singarathopu Street, Sirkali Town and Taluk,

2. Mr.Balasubramanian, S/o.Rasu Residing at Door No.30, Pidari Keela Veedhi Sirkali Town and Taluk,

3. Mr.A.P.S.Kumar, S/o.Periyasamy Residing at Pidari South Street, Sirkali Town and Taluk Nagapattinam.

4. The District Collector

5. The Commissioner Hindu Religious & Charitable Endowment [HR&CE], Nungambakkam, Chennai 600 034.

6. The Joint Commissioner of HR&CE, Hindu Religious & Charitable Endowment [HR&CE] Myladuthurai, Nagapattinam District.

7. The Superintendent of Police

8. The Deputy Superintendent of Police Land Grabbing Cell, Nagapattinam District.

9. The Inspector of Police Anti-Land Grabbing Special Cell Nagapattinam District 611 001.

10.M/s.Arulmighu Sattanadha Swamy Devasthanam, Sirkali, 11.R.Selvam S/o.Rajangam, Proprietor of Vizag Estate Promoters & Developers, No.9/A/5, Sattanadhar Colony, Sirkali, Nagapattinam District.

+1cc to Mr.R.Venkatesan, Advocate, S.R.No.31489 +1cc to the Government Pleader, S.R.No.31963 W.P.No.19721 of 2016 RSI(CO) CA(28/06/2016)