Madras High CourtWP/10922/2013disposed of

R.Suresh v. The Commissioner

2016-06-27Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.06.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.10922 of 2013 R.Suresh ... Petitioner

Versus

1.The Commissioner Hindu Religious and Charitable Endowments Administration Department, Uthamar Gandhi Salai, Nungambakkam Chennai 600 034.

2. The District Collector, Namakkal District.

3.The Tahsildar, Namakkal Taluk, Namakkal 637 001.

4. M.Natarajan

5. C.P.S.Duraiyan 6.K.Ramasamy 7.M.Ramasamy ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents 1 to 3 to consider the representation dated 20.02.2013 given by the villages in respect of the encroachment on the poramboke land in S.No.268/40, Vettiyagoundenpudur Village, Periyapatti post, Namakkal District and misuse of the public temple and take suitable action on the representation given by the petitioner within a time frame.

For Petitioner :::Mr.A.V.Arun For Respondents :::Mrs.Rita Chandraskearan for R.1 Mr.S.T.S.Murthi Government Pleader for R.2 and R.3 Mr.C.Kulanthaivel for R.4 to R.7.

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) On hearing the learned counsel for the petitioner and the private respondents, it appears that there is a dispute about the allegation of encroachment on the pathway and temple area and thus, the third respondent should carry out a survey of the areas to determine the exact locations.

2. The needful be done within one month from the date of receipt of the order.

3. On scrutiny of the report, if any encroachments are found, depending on where they exist, the first and second respondents would take action in accordance with law within two months thereafter, after notice to all concerned.

4. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ksr To 1.The Commissioner,Hindu Religious and Charitable Endowments Administration Department, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2. The District Collector, Namakkal District. 3.The Tahsildar, Namakkal Taluk, Namakkal 637 001. +1 cc to Mr.A.V.Arun Advocate sr.36037 +1 cc to Mr.C.Kulanthaivel Advocate sr.36273 +2 cc to the Government Pleader sr.35656 & 36352 W.P.No.10922 of 2013 aa14/07/2016