S.Elanchezhian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.17477 of 2025 1.
S.ELANCHEZHIAN 2.
S.BOOPATHY ... Petitioners Vs 1.
THE DISTRICT COLLECTOR, CHENNAI DISTRICT, THALAMUTHU NATARAJAN MALLIGAI, RAJAJI SALAI, 4TH FLOOR, GEORGE TOWN, CHENNAI- 01.
2.
THE REVENUE DIVISIONAL OFFICER, OFFICE OF RDO, ANNA NAGAR, WEST EXTENSION, AMBATTUR ZONE, CHENNAI-40 3.
THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, CHENNAI ZONE-II, T.P.KOIL STREET, TRIPLICANE, CHENNAI-5 4.
THE TAHSILDAR MAMBALAM TALUK, CHENNAI-78.
5.
THE INSPECTOR OF POLICE, R7, K.K. NAGAR, POLICE STATION, CHENNAI-78.
6.
A.PANDIYAN 1/6
7.
B.SARAVANAN 8.
V.PALANI ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first to fifth respondents to constitute a peace committee in furtherance of the report submitted by the fourth respondent vide, proceedings Na.Ka.No.A1/2361/2024 dated 27.11.2024.
For Petitioner : Mr.A.Prabhakaran For R1, R2 & R4 : Mr.S.Balamurugan Government Advocate For R3 : Mr.K.Karthikeyan Government Advocate, HR & CE For R5 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This writ petition is filed to direct the first to fifth respondents to constitute a peace committee in furtherance of the report submitted by the fourth respondent vide proceedings Na.Ka.No.A1/2361/2024 dated 27.11.2024.
2. The peace committee and the report of the fourth respondent relate to 2/6
the breach of peace. However, the grievance of the petitioner pertains to the Arulmigu Sri Mariamman Temple. Therefore, it is the third respondent, namely the Assistant Commissioner, HR & CE Department, who is in a position to conduct an enquiry so that a permanent resolution is brought about with reference to the temple.
3. The temple has to be administered by trustees duly appointed by the HR & CE Department and if required, the HR & CE Department will also appoint a fit person. In that view of the matter, even though the law and order situation will be taken care by the other respondents, this writ petition is disposed of with the following directions:- (i) The third respondent has already initiated an inquiry on 01.04.2025. The petitioner shall appear before the third respondent on 12.05.2025 or any date sooner as intimated by the third respondent. (ii) The third respondent shall issue notice to the petitioners and also issue notice to respondents 6 to 8, or any other person interested in the management of the temple.
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(iii) The third respondent shall decide whether the temple is already under the management of any trustee and make suitable recommendations to the appropriate Joint Commissioner or the Commissioner, as the case may be, for the appointment of trustees or a fit person, if required. Thereafter, the Joint Commissioner or the Commissioner shall pass final orders with reference to the management of the temple. Any person aggrieved shall be entitled to take steps as permissible under law based on the outcome of the enquiry. (iv) The enquiry shall be completed and orders passed by the third respondent on or before 31.07.2025.
(v) Consequently, connected miscellaneous petitions are closed. No costs.
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To 1.
THE DISTRICT COLLECTOR, CHENNAI DISTRICT, THALAMUTHU NATARAJAN MALLIGAI, RAJAJI SALAI, 4TH FLOOR, GEORGE TOWN, CHENNAI- 01.
2.
THE REVENUE DIVISIONAL OFFICER, OFFICE OF RDO, ANNA NAGAR, WEST EXTENSION, AMBATTUR ZONE, CHENNAI-40 3.
THE ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, CHENNAI ZONE-II, T.P.KOIL STREET, TRIPLICANE, CHENNAI-5 4.
THE TAHSILDAR MAMBALAM TALUK, CHENNAI-78.
5.
THE INSPECTOR OF POLICE, R7, K.K. NAGAR, POLICE STATION, CHENNAI-78.
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D.BHARATHA CHAKRAVARTHY, J.
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