K.N.Jayaraman, v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.N.Jayaraman : Petitioner versus 1.The Government of Tamil Nadu, rep. By its Secretary, Hindu Religious Endowment Department Fort St.George, Chennai 9 2.The Commissioner, Hindu Religious Endowment Department Mahathma Gandhi Road, Nungambakkam, Chennai 34.

3.The Joint Commissioner, Hindu Religious Endowment Department District Collectorate Compound, Villupuram 605 404 4.The Executive Officer, Arulmigu Sri Thiruvalleeswarar Temple, Padi, Chennai 50 5.The Regional Director, National Highways Authority of India, Regional Office, Sri Tower, III Floor, D.P.34, South Phase, Industrial Estate, Guindy, Chennai 600 032 : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to build the temple of Sri Bhavanambigai Sametha Bhuvanatheeswarar Temple with granite stone as per the drawing dated 15.12.2014 submitted by the Regional Sthapathy with available funds and getting funds from 4 and 5 i the place earmarked therefor at A.Kumaramangalam, Village, Ulundurpet Taluk, Villupuram District. For the Petitioner :

Mr.S.Ayyathurai For Respondent No.1 :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.Karthik Jegannathan, Government Advocate For Respondents 2 & 3 :

Mr.N.R.R.Arun Natarajan, Special Government Pleader For Respondent No.5 :

Mr.Su.Srinivasan, Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Ayyathurai, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for the first respondent, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, for respondents 2 and 3 and Mr.Su.Srinivasan, learned counsel for the fifth respondent.

2. It appears that earlier for the same purpose, the temple had filed writ petition in WP No.19528 of 2017. The writ petition was disposed of by giving liberty to the petitioner to approach the Arbitrator. Instead, the petitioner

preferred writ appeal and the said writ appeal was disposed of under order dated 26.04.2018.

3. The learned counsel for the Hindu Religious and Charitable Endowments Department submits that already proceedings are taken up for enhancement of the compensation and the same are pending with the Arbitrator (District Collector). The Arbitrator (District Collector) where the proceedings filed for enhancement of compensation is pending, shall endeavour to decide the same expeditiously, preferably within nine months from today.

4. The writ petition stands disposed of. There will be no order as to costs. Consequently, WMP Nos.27521 and 27522 of 2018 are closed. (S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar To 1.The Secretary, Hindu Religious Endowment Department Fort St.George, Chennai 9

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 2.The Commissioner, H.R. & C.E. Department, Mahathma Gandhi Road, Nungambakkam, Chennai 34.

3.The Joint Commissioner, H.R. & C.E. District Collectorate Compound, Villupuram 605 404 4.The Regional Director, National Highways Authority of India, Regional Office, Sri Tower, III Floor, D.P.34, South Phase, Industrial Estate, Guindy, Chennai 600 032 5.The District Judge, Villupuram 25.08.2023