A.Radhakrishnan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI A.Radhakrishnan ... Petitioner Vs.
1.The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai - 600 009.
2.The Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
3.The District Executive Magistrate cum Collector, 4.The Taluk Executive Magistrate cum Tahsildar, Attur Taluk, Salem District.
5.The Deputy Inspector General of Police, 6.The Deputy Inspector General of Registrations, 7.The Deputy Director, Page No.1 of 8
Town and Country Planning Department, Attur, Salem District.
8.The Municipal Commissioner, Attur, Salem.
9.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 10.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 11.The Executive Officer, Arulmigu Vellapillaiyar Temple, Attur Town, Salem District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to renovate the temple entrance elevation structure and also secure the properties of 11th respondent temple which is mentioned in the report of the 11th respondent dated 23.05.2017 and also by considering petitioner representation dated 22.05.2017.
For Petitioner : Party-in-Person For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader [R2, R9 to R11] Mr.L.S.M.Hasan Fizal Additional Government Pleader [R3, R4, R6 to R8] Mr.L.Baskaran Government Advocate (Crl.Side) [R5] *****
ORDER
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This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 2nd respondent to renovate the temple entrance elevation structure and also secure the properties of 11th respondent temple which is mentioned in the report of the 11th respondent dated 23.05.2017 and also by considering petitioner representation dated 22.05.2017.
2. The case of the petitioner is that, he is an ardent devotee to the 11th respondent temple and the said temple is very familiar and famous, which is situated near Attur Bus Stand, Attur, Salem District. The said temple has several properties in its name and there is a mismanagement related which loss to the temple. Whenever the same came to the knowledge of the petitioner, he made a representation dated 22.05.2017 before the respondents, pursuant to which, inspection has been conducted by the 4th respondent to identify the properties of the 11th respondent temple and to that effect, 11th respondent has submitted a detailed report dated 23.05.2017 stating that 40 items of properties belonging to the 11th respondent. Further, in the said report, the 11th respondent had stated that in view of the commercialization and blocking of temple entrance would Page No.3 of 8
affect the spiritual atmosphere and thereby, he recommended for renovation of the entrance elevation of the temple and also suggested several other aspect in favour of the temple. Till date, the said report has not been looked into by the 2nd respondent, therefore, the petitioner has filed the present writ petition before this court.
3. Though very many grounds have been raised in this writ petition, the petitioner (Party-in-Person) submits that, it would suffice, if this court, issues a direction to the 2nd respondent to renovate the temple entrance elevation structure and also secure the properties of the 11th respondent temple, which is mentioned in the report of 11th respondent dated 23.05.2017 and also by considering petitioner's representation dated 22.05.2017, within a time frame that may be stipulated by this court.
4. Learned respective counsel appearing for the respective respondents submitted that representation of the petitioner dated 22.05.2017 and report of the 11th respondent dated 23.05.2017 will be considered on merits and in accordance with law and appropriate orders will be passed, as expeditiously as possible. Page No.4 of 8
5. Considering the limited request made by the petitioner (Party-inPerson), this court, without going into the merits of the case, directs the 2nd respondent to consider the representation of the petitioner dated 22.05.2017 and the report of the 11th respondent dated 23.05.2017 on merits and in accordance with law and pass appropriate orders, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
25.09.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.5 of 8
To 1.The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai - 600 009.
2.The Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
3.The District Executive Magistrate cum Collector, 4.The Taluk Executive Magistrate cum Tahsildar, Attur Taluk, Salem District.
5.The Deputy Inspector General of Police, 6.The Deputy Inspector General of Registrations, 7.The Deputy Director, Town and Country Planning Department, Attur, Salem District.
8.The Municipal Commissioner, Attur, Salem.
9.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Page No.6 of 8
10.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 11.The Executive Officer, Arulmigu Vellapillaiyar Temple, Attur Town, Salem District.
Page No.7 of 8
M.DHANDAPANI, J.
sp 25.09.2024 Page No.8 of 8