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Madras High CourtWP/30447/2015disposed of

P. Subramani v. The Commissioner

2015-09-28Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.30447 of 2015 P.Subramani ... Petitioner -Vs1. The Commissioner, HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2. The Joint Commissioner, HR & CE Department, Dr.Balasundaram Road, Coimbatore - 641 018.

3. The Assistant Commissioner, HR & CE Department, Tiruppur.

4. The Executive Officer, Konapuram Arulmighu Kasiviswanatha Swamy Thirukovil, Office of Executive Officer, Arulmighu Kaadu Anumantharay Swamy Thirukkovil, Dharapuram, Tiruppur District.

5. The District Collector, Tiruppur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to bring temple lands having patta No.81 situated at S.F.Nos.63/1, 63/3, 71/3, 71/5, 75/1, 75/3 in Venkikalpalayam of Madathupalayam Village in Dharapuram Taluk and having patta No.75 situated at S.F.No.371/3 in Dharapuram North Village for public auction and conduct the temple festival of konapuram Arulmighu Kasi Viswanatha Swamy immediately from the revenue generated from auction by considering petitioner's representation dated 07.05.2015.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.K.V.Dhanapalan, Additional Government Pleader

O R D E R

The petitioner, being a devotee of the 4th respondent temple, has come forward to file this Writ Petition seeking public auction of the property of temple and to conduct temple festival.

2. The learned Additional Government Pleader appearing for the respondents submitted that proceedings have already been initiated under Section 78 of the Hindu Religious and Charitable Endowments Act.

3. Considering the submissions made, a direction is issued to the respondent no.2 to expedite the proceedings initiated under Section 78 and to see to it that the property of the respondent no.4 is secured. The respondent no.2 shall also consider the representation of the petitioner dated 07.05.2015 seeking to conduct the temple festival within a period of six weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of accordingly. No costs. Va Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

1. The Commissioner, HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2. The Joint Commissioner, HR & CE Department, Dr.Balasundaram Road, Coimbatore - 641 018.

3. The Assistant Commissioner, HR & CE Department, Tiruppur.

4. The Executive Officer, Konapuram Arulmighu Kasiviswanatha Swamy Thirukovil, Office of Executive Officer, Arulmighu Kaadu Anumantharay Swamy Thirukkovil, Dharapuram, Tiruppur District.

5. The District Collector, Tiruppur District.

+1 C.C. To SPECIAL GOVERNMENT PLEADER, in SR.NO.53154 W.P.No.30447 of 2015 KU(CO) sd : 08/10/2015