Madras High CourtWP/5131/2015disposed of

Mr.S.Palanivel, v. The Commissioner,

2015-03-05Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.3.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP. No.5131 of 2015 S.Palanivel ... Petitioner Vs.

1. The Commissioner Hindu Religious and Charitable Endowment Department Chennai - 600 034.

2. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Kancheepuram.

3. Mr.S.Gunasekaran ... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner representation letter dated 23.2.2015 and further directing 1st and 2nd respondents to take action against the third respondent in accordance with law. For Petitioner : Mr.S.Ramajayam For R1 and R3 : Mr.M.L.Mahendran Government Advocate For R3 : No Appearance

O R D E R

Heard Mr.S.Ramajayam, learned counsel for the petitioner and Mr.M.L.Mahendran, learned Government Advocate appearing for the respondents and perused the materials placed on record.

2. The petitioner is a worshiper of Arulmigu Pidari Sri kaliyaman Temple situate at No.1, Dr.Natesan Salai, Ashok Nagar, Chennai - 83. According to the petitioner, the third respondent has illegally put a Hundiyal and collect money in the name of God. The petitioner has produced certain photographs to show that Hundiyal has been put up by the third respondent unauthorisedly.

3. From the documents produced before this Court, it is not clear as to whether the temple in question falls within the control of Hindu Religious and Charitable Endowment Department. However, it is seen that the temple is situated in the City and the photographs https://hcservices.ecourts.gov.in/hcservices/

shown that the police have intervened the matter. Therefore, I am of the view that the grievance of the petitioner has to be looked in to by the second respondent, after notice to the petitioner, the third respondent and all other persons, who are likely to be aggrieved.

4. Accordingly, the writ petition is disposed of directing the second respondent to consider the representation dated 23.2.2015 submitted by the petitioner, after issuing notice to the petitioner, the third respondent and all other persons concerned with the affairs of the temple, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ga To

1. The Commissioner Hindu Religious and Charitable Endowment Department Chennai - 600 034.

2. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Kancheepuram 1 cc to Mr..S.Ramajayam ,Advocate, SR.No.12742 W.P. No.5131 of 2015 ev(co) pmk.12.3.2015 https://hcservices.ecourts.gov.in/hcservices/