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Madras High CourtWP/18583/2021disposed of

N.G.Deivakadatcham v. The Secretary To The Government

2021-09-06Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WRIT PETITION NO.18583 OF 2021 N.G.Deivakadatcham ... Petitioner -VsThe Secretary to the Government Municipal Administration and Water Supply Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009. The Commissioner Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

The Commissioner Greater Chennai Corporation, Rippon Buildings, E.V.R.Road, Chennai - 600003.

4 The Assistant Commissioner / General Division Greater Chennai Corporation, Rippon Buildings, E.V.R.Road, Chennai - 600003.

5 The Central Regional Deputy Commissioner, Greater Chennai Corporation, No.36B, Pulla Avenue, Shenoy Nagar, Chennai - 600030.

6 V.Periyasamy, The Executive Engineer, Zonal Officer-10, Greater Chennai Corporation, NO.117, N.S.K.Salai, Kodambakkam, Chennai - 600 024.

7 The Joint Commissioner / Executive Officer Arulmighu Vadapalani Andavar Thirukkoil Vadapalani, Chennai 600 026.

(Suo motu impleaded by the Court vide order dated 06.09.2021 made in W.P.No.

18583 of 2021 by NAVJ) ... Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to take appropriate and necessary action against the 6th respondent by considering the petitioner's representation dated 09.12.2020 and 10.12.2020. For Petitioner :

Mr.R.S.Maitreya For Respondents:

Mr.A.Selvendran, Government Advocate - for R1 and R2 Mr.A.K.Sriram - for R7 M/s.P.T.Ramadevi, Standing Counsel -for R3 to R6

O R D E R

This writ petition has been filed for the issue of a writ of Mandamus directing the respondents 1 to 5 to act upon the representations made by the petitioner on 09.12.2020 and 10.12.2020 and take action against the sixth respondent.

2. The Joint Commissioner / Executive Officer, Arulmighu Vadapalani Andavar Temple, Vadapalani, Chennai 600 026 is suo motu impleaded as seventh respondent in this writ petition. Mr.A.K.Sriram takes notice on behalf of the seventh respondent.

3. Heard Mr.R.S.Maithreya, learned counsel for the petitioner, Mr.A.Selvendran learned Government Advocate appearing on behalf of the first and second respondents and Mr.A.K.Sriram, learned counsel appearing on behalf of the respondent No.7 and Ms.P.T.Ramadevi, learned Standing Counsel for respondents 3 to 6.

4. When the matter was taken up for hearing, the learned Government Counsel appearing on behalf of the respondents 1 and 2 submitted that the representation / complaint made by the petitioner has already been taken on file and the Joint Commissioner / Executive Officer of the temple is already in the process of initiating action against the sixth respondent. The written instructions received by the learned Government Counsel in this regard was also placed before this Court.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Counsel and also taking into consideration the written instructions received in this regard, there shall be a direction to the Joint Commissioner / Executive Officer of Arulmighu Vadapalani Andavar Temple, Vadapalani, Chennai 600 026 to proceed further with the enquiry after affording an opportunity

to the sixth respondent and take action strictly in accordance with law within a period of four weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar KST To The Secretary to the Government Municipal Administration and Water Supply Department Government of Tamil Nadu Secretariat, Fort St. George, Chennai - 600 009. The Commissioner Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam Chennai - 600 034.

The Commissioner Greater Chennai Corporation, Rippon Buildings, E.V.R.Road, Chennai - 600003.

4 The Assistant Commissioner / General Division Greater Chennai Corporation, Rippon Buildings, E.V.R.Road Chennai - 600003.

5 The Central Regional Deputy Commissioner Greater Chennai Corporation No.36B Pulla Avenue Shenoy Nagar Chennai - 600030. 6 The Joint Commissioner / Executive Officer Arulmighu Vadapalani Andavar Thirukkoil, Vadapalani, Chennai 600 026.

+1cc to M/s.R.Jayaprakash, Advocate, S.R.No.44936 +1cc to the Government Pleader, S.R.No.45520 +1cc to the Special Government Pleader (HR & CE), S.R.No.45281 W.P.No.18583 of 2021 JP(CO) CS/02/11/2021