C.Indrani v. The Inspector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.24732 of 2024 C.Indrani ... Petitioner Vs.
1.The Inspector, Hindu Religious & Charitable Endowment, Andimadam.
2.The Joint Commissioner, Hindu Religious & Charitable Endowment, Cuddalore.
3.The Commissioner, Hindu Religious & Charitable Endowment, Nungambakkam High Road, Chennai - 600 034.
4.The District Collector, Collectorate, Ariyalur.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent restore the management and administration of the Sri Veeranar Temple situated Page No.1 of 6
in Thirukalapur Village, Andimadam Taluk, Ariyalur District and dispose of Original Application pending before second respondent. For Petitioner : Mr.L.Sriram for M/s.Chennai Law Firm For Respondents : Mr.C.Ravichandran Additional Government Pleader [R1 to R3] Mr.L.S.M.Hasan Fizal Additional Government Pleader [R4] *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1st respondent to restore the management and administration of the Sri Veeranar Temple situated in Thirukalapur Village, Andimadam Taluk, Ariyalur District and dispose of Original Application pending before the 2nd respondent.
2. Mr.C.Ravichandran, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 3 and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader, accepts notice on behalf of the 4th respondent. In view of the consent expressed by the learned counsel appearing for the parties, this petition is taken up for final disposal.
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3. The case of the petitioner is that, the petitioner and her family members belongs to Nagarapadiyar Vagairah and the family members of petitioner along with three other vagaiyarahs, namely Chinnapillai Vagairah, Nuraiyan Vagairah and Pakkiri Vagairah, were the actual owners of Sri Veeranar Temple at Thirukappur. The petitioner's ancestors founded the said temple and established the same in their private patta land for cultivation land for maintenance of the temple. They were administering the cultivation of punja land and the pooja expenses were also incurred from the income generated from the lands including the annual functions. The temple is a private institution and being worshipped by 40 families of four vagaiyarahs and is not a public temple.
Whileso, there was a dispute with regard to administration of the management of the said temple in between the petitioner and other groups, thereby, the petitioner filed an original application u/s 63(a) of Hindu Religious and Charitable Endowments Act (in short 'the Act') in O.A.No.3 of 2017 before the 2nd respondent, however, till date, the said application was not disposed. Therefore, the petitioner has filed the above writ petition before this court for appropriate orders. Page No.
4. Though very many grounds have been raised in the above writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 2nd respondent to dispose of the application in O.A.No.3 of 2017 pending before the 2nd respondent within a time frame that may be fixed by this court.
5. Considering the limited request sought for by the petitioner, this court, without going into the merits of the case, directs the 2nd respondent to dispose of the application filed by the petitioner u/s 63(a) of the Act pending before the 2nd respondent, after providing an opportunity of personal hearing to the petitioner as well as the aggrieved persons, if any, within a period of six (6) weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 08.08.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Inspector, Hindu Religious & Charitable Endowment, Andimadam.
2.The Joint Commissioner, Hindu Religious & Charitable Endowment, Cuddalore.
3.The Commissioner, Hindu Religious & Charitable Endowment, Nungambakkam High Road, Chennai - 600 034.
4.The District Collector, Collectorate, Ariyalur.
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M.DHANDAPANI, J.
sp 08.08.2024 Page No.6 of 6