R.Chandra Sekar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ R. Chandra Sekar Petitioner v The Commissioner Endowments Department Nungambakkam Chennai 600 034 The Assistant Commissioner Endowments Department Nungambakkam Chennai 600 034 The Commissioner Chennai Corporation Rippon Building Poonamallee High Road Chennai 600 003 The Executive Officer Arulmigu Aranganatha Swamy Thirukkoil No.48, Mulla Street Chennai 600 079
The Inspector Endowments Department (HR & CE) Inspector Officer Chennai Circle - 2 The Tahsildar Purasawalkam Taluk Chennai Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1, 2 and 4 to forthwith initiate steps to remove the garbage containers, clean the area; construct a boundary and complete the re-construction of the entire temple and the pond for regular daily and festival poojas, assigning appropriate duties to the Hereditary Trustee and the Kurukkal.
For petitioner Mr. PT. Perumal For RR 1,2,4 & 5 Mr.N.R.R. Arun Natarajan Special Government Pleader For R3 Mr. S. Gopinathan Standing Counsel For R6 Mr. A. Edwin Prabakar State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice) Heard Mr. PT. Perumal, learned counsel for the petitioner, Mr.N.R.R. Arun Natarajan, learned Special Government Pleader appearing for respondents 1,2,4 and 5, Mr. S. Gopinathan, learned Standing Counsel for the third respondent and Mr. A. Edwin Prabakar, learned State Government Pleader for the sixth respondent.
2.
This writ petition has been filed in the nature of a public interest litigation seeking a writ of mandamus directing the respondents 1, 2 and 4 to forthwith initiate steps to remove the garbage containers from Selva Sundara Vinayagar Koil at N.S.C. Bose Road, Chennai - 1, clean the said area, construct a boundary around the temple and complete the re-construction of the entire temple and the pond, thereby enabling daily worship of the deity by the devotees and also to assign appropriate duties to the Hereditary Trustee and the priest of the said temple.
3.
Today, when this writ petition was taken up for hearing, the learned Special Government Pleader produced before this Court, a copy of the communication dated 09.07.2024 from the Thakkar of the said temple, a perusal of which, shows that steps are being taken by the H.R. & C.E. Department to address the petitioner's grievance.
4.
The aforesaid communication is taken on record and a direction is issued to respondents 1,2 and 4 to take appropriate steps to ensure that the assurance given in the aforesaid communication is honoured in a time bound manner, besides ensuring that no unauthorised construction takes place on the temple premises in future.
With the above direction, this writ petition stands disposed of, sans costs.
(R.M.D., A.C.J.) (M.S.Q., J.) 10.07.2024 Index : Yes/No NC : Yes/No cad
To The Commissioner Endowments Department Nungambakkam Chennai 600 034 The Assistant Commissioner Endowments Department Nungambakkam Chennai 600 034 The Commissioner Chennai Corporation Rippon Building Poonamallee High Road Chennai 600 003 The Executive Officer Arulmigu Aranganatha Swamy Thirukkoil No.48, Mulla Street Chennai 600 079 The Inspector Endowments Department (HR & CE) Inspector Officer Chennai Circle - 2 The Tahsildar Purasawalkam Taluk Chennai
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
cad 10.07.2024