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Madras High CourtWP/34473/2014dismissed

R.Pichamuthu, v. The Joint Commissioner,

2022-12-15Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 34473 of 2014 R.Pitchamuthu .. Petitioner

Versus

1.The Joint Commissioner Hindu Religious and Charitable Endowment Department Villupuram 2.The Executive Officer Arulmigu Thillai Govindaraja Perumal Thirukovil Kallakurichi Villupuram District.

.. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to conduct an enquiry and submit a report to the first respondent as per the proceedings of the first respondent dated 30.07.2014 in Na.Ka.No.4697/14 Aa2 and consequently to direct the 1st respondent to pass appropriate orders on receiving the report of the second respondent.

For Petitioner : Mr.S.Vijayan (No appearance) For Respondents : Mr.M.Rajendran for R1 Additional Government Pleader 1/4

ORDER

This writ petition is filed seeking to direct the respondent to conduct an enquiry and submit a report to the first respondent as per the proceedings of the first respondent dated 30.07.2014 in Na.Ka.No.4697/14 Aa2 and consequently to direct the 1st respondent to pass appropriate orders on receiving the report of the second respondent.

2. The case of he writ petition is that there is a vacant temple land measuring about 35 cents belonging to Arulmigu Thillai Govindaraja Perumal Thirukovil, Kallakurichi situated in Survey No.240/14, MRN Nagar, Kallakurichi. It is the grievance of the petitioner that the above lands is fully covered with wastage plants and the same is unused till date. Hence, the petitioner made a representation to the first respondent seeking orders to construct a temple in the 5 cents of the above temple land. In pursuance to the same, the first respondent vide proceedings in Na.Ka.No.4697/14 Aa2 dated 30.07.2014 directed the second respondent to conduct an enquiry and submit a report. The second respondent has not filed a report till date. Hence, this petition.

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3. The learned Additional Government Pleader placed a letter sent by the second respondent to him, wherein, it is inter alia stated that the subject land situated in MRN Nagar, Kallakurichi is earmarked for the construction of the office of the Assistant Commissioner and the same is under process. Therefore, the subject land cannot be granted for construction of the temple. The said letter is taken on record and the same shall form part of the record.

4. Such view of the matter, when the land is already earmarked for the purposes of construction of the office of the Assistant Commissioner, the prayer sought for by the petitioner cannot be granted. Thus, this writ petition stands dismissed. No costs.

15.12.2022 dhk Speaking Order : Yes / No To 1.The Joint Commissioner Hindu Religious and Charitable Endowment Department Villupuram 2.The Executive Officer Arulmigu Thillai Govindaraja Perumal Thirukovil Kallakurichi, Villupuram District.

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N.SATHISH KUMAR, J.

dhk W.P.No. 34473 of 2014 15.12.2022 4/4