Veera.Shakthivel v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Veera Shakthivel S/o. P.Veeramaai, South Street, Thirumayiladi Post, Koothiyampettai, Sirkazhi Taluk, Mayiladudurai District.
Petitioner(s) Vs
1. The Commissioner The Hindu Religious Charitable Endowments Department No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
2.The Assistant Commissioner The Hindu Religious Charitable Endowments Department, Sitharkadu, Sammanthar Kulam, Mayiladuthurai Main Road, Mayiladuthurai- 609 003.
3.The Executive Officer The Hindu Religious Charitable Endowments Department, 1/6
Arulmigu Sundareshwarar Temple, Thirumayiladi, Sirkali Taluk, Mayiladuthurai District- 609 108.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 1st Respondent herein to consider the representation dated 25.3.2025 given by the petitioner to the 1st Respondent and direct the 1st Respondent to take necessary actions to cancel the illegal public auction allegedly conducted on 03.10.2024 and 25.10.2024 in respect of the lease and conduct fresh public auction of the following properties. a) Agricultural Land Comprised in Nanjai Survey No.150/1 having an extent of 0.072.5 ares belonging to Arulmigu Kailsanathar Temple Mayiladuthruai district.
b) Agricultural land belonging to Arulmigu Sundareswar Thirukoil Mayiladuthurai District.
c) Agricultural Land Comprised in S.No. 44/1 having an extent of 00.25.00 Ares belonging to Arulmigu Murugan Koil situated at puliyanthurai village Mayiladuthurai District.
d) Agricultural land comprised in S.No.1/5, having an extent of 00.05.00 ares belonging to Arulmigu Draupadi Amman koil situated at Puliyenthurai village, Mayiladuthruai district.
e) Agricultural land comprised in S.No.2/2, 60/7B1, 61/4, having an extent of 0.104.00 Ares belonging to Arulmigu Sri Vallabha Vinayagar Koil Situated at Puliyenthurai village, Mayiladuthurai District. 2/6
For Petitioner (s):
Mr.M.Stalin For Respondent (s): Mr.N.R.R.Arun Natarajan (For R1 to R3) Special Government Pleader
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to deal with the representation made by the petitioner on 25.03.2025 wherein the petitioner is seeking for cancellation of the public auction that was conducted on 03.10.2024 and 25.10.2024 with respect to the lease of agricultural lands belonging to the temple and to conduct fresh public auction.
2.
Heard Mr.M.Stalin,learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for Respondents 1 to 3.
3.
The petitioner has alleged that there were several violations and illegalities committed while conducting the public auction and as a result, it caused huge loss to the temple.
4.
Per contra, the learned Special Government Pleader appearing on behalf of the respondents submitted that with very great difficulty the encroachers were evicted and the agricultural lands were leased after conducting 3/6
a public auction. It was further submitted that the petitioner, who is not even residing in the said place has come up with this writ petition with ulterior motives.
5.
In the considered view of this Court, the auction has been completed and the lands have been leased during the end of the previous year. At this length of time, if it has to be cancelled, the concerned parties must be put on notice and by the time, the case is taken up for final hearing, the lease period itself will come to an end. To keep this writ petition pending will be like whipping a dead horse. This Court only hopes that the 1 st respondent will ensure that public auctions are being conducted in a fair manner to ensure proper income reaching the temple. Except giving this clarity, no further orders are required to be passed in this writ petition.
6.
This writ petition is disposed of in the above terms. No costs. 02-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rka 4/6
To
1. The Commissioner The Hindu Religious Charitable Endowments Department No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
2.The Assistant Commissioner The Hindu Religious Charitable Endowments Department, Sitharkadu, Sammanthar Kulam, Mayiladuthurai Main Road, Mayiladuthurai- 609 003.
3.The Executive Officer The Hindu Religious Charitable Endowments Department, Arulmigu Sundareshwarar Temple, Thirumayiladi, Sirkali Taluk, Mayiladuthurai District- 609 108.
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N.ANAND VENKATESH J.
rka Dated: 02-06-2025 6/6