Madras High CourtWP/17573/2024disposed of

V.Balamourgane v. The Union Of India

2024-07-03Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ V.BALAMOURGANE .. Petitioner Vs

1. THE UNION OF INDIA REP BY CHIEF SECRETARY TO GOVERNMENT, UNION TERRITORY OF PUDUCHERRY, CHIEF SECRETARIAT, PUDUCHERRY-605 001.

2. THE COMMISSIONER CUM UNDER SECRETARY (TEMPLES) GOVERNMENT OF UT OF PUDUCHERRY, HINDU RELIGIOUS INSTITUTIONS DEPARTMENT, PUDUCHERRY - 605 009.

3. THE SPECIAL OFFICER ARULMIGU SRI ENJOLAI VAZHI MARIAMMAN KOIL, MANGALAM, VILLIYANUR COMMUNE, PUDUCHERRY - 605 110.

4. K.JANARATHANAN .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing Respondents 1 to 3 to consider and pass orders on the petitioner's representation dated 06.05.2024 for initiating action against the 4th respondent herein in accordance with law within a stipulated time and to evict him from the temple land to an extent of 2 kuli comprised in Re.Survey No.95/3 at Mangalam Village, Villiyanur Communue, Puducherry,

expeditiously in accordance with law.

For the Petitioner : Mr.K.Balaji For the Respondents : Mr.Ramaswamy Meyappan Government Advocate (Pondicherry) for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to consider and pass orders on the petitioner's representation dated 6.5.2024 for initiating action against the fourth respondent and to evict him from the temple land to an extent of 2 kuli comprised in Re.Survey No.95/3 at Mangalam Village, Villiyanur Commune, Puducherry.

2. Mr.Ramaswamy Meyappan, learned Government Advocate (Puducherry), who accepts notice on behalf of respondents 1 and 2, on instructions, submitted that respondents 1 and 2 shall pass orders on the representation of the petitioner dated 6.5.2024 on merits and

in accordance with law, after affording opportunity to all concerned.

3. Recording the submission made by learned Government Advocate (Puducherry) for respondents 1 and 2 and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing respondents 1 and 2 to consider the representation of the petitioner dated 6.5.2024 and pass orders on merits and in accordance with law, of course after affording reasonable opportunity to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

(R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :

Yes/No NC :

Yes/No bbr To:

1. THE CHIEF SECRETARY TO GOVERNMENT, UNION TERRITORY OF PUDUCHERRY, CHIEF SECRETARIAT, PUDUCHERRY-605 001.

2. THE COMMISSIONER CUM UNDER SECRETARY (TEMPLES) GOVERNMENT OF UT OF PUDUCHERRY, HINDU RELIGIOUS INSTITUTIONS DEPARTMENT, PUDUCHERRY - 605 009.

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

bbr 03.07.2024