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Madras High CourtWP/22673/2023disposed of

A.Gajapathy v. The Commissioner

2023-08-02Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22673 of 2023 A.Gajapathy

...Petitioner

Vs.

1.The Commissioner HR & CE Department Uthamar Gandhi Salai, Nungambakam Chennai-600 034.

2.The Joint Commissioner HR & CE Department No.130, R.K.Mutt Road Mylapore, Chennai-600 004.

3.The Assistant Commissioner HR & CE Department No.127, Yadhaval street, Padi Chennai-600 050.

4.The Inspector, Mambalam Circle, No.127, Yadhaval street, Paadi, Chennai-600 050.

..Respondents.

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 12.06.2023 and 23.06.2023 and fix a date with regular interval of 3 months period to open all the Hundials of the Arulmigu Kadumbadi Chinnamman Temple situated at 53, Jayaram Chetty Street, Saidapet West, Chennai-600 015 in accordance with law. For Petitioner :Mr.G.Sumithra For Respondents :Mr.S.Yashwanth Additional Government Pleader(HR & CE)

O R D E R

The petitioner seeks direction to respondents to consider the representation of the petitioner dated 12.06.2023 and 23.06.2023 for fixing date for opening of the Hundials in Arulmigu Kadumbadi Chinnamman Temple situated at 53, Jayaram Chetty Street, Saidapet West, Chennai-600 015.

2. It is the case of the petitioner that he is the Hereditary trustee of the above said temple. The above said temple is having three Hundials. As the Hundials are already full, the petitioner submitted a representation on 12.06.2023 for opening of the Hundials on 21.06.2023. It is stated by the 2/6

petitioner that though an approval was granted by the respondents for opening of the Hundials on 21.06.2023, the said order was not communicated to the petitioner and hence, the Hundials could not be opened on 21.06.2023.

3. Therefore, again the petitioner submitted another representation on 23.06.2023 seeking fixation of date for opening of the Hundials.

4. Mr.S.Yashwanth, learned Additional Government Pleader(HR & CE) takes notice for the respondents.

5. The main grievance of the petitioner is that the representation submitted by him on 23.06.2023 has not been considered by the respondent officials. The learned counsel for the petitioner submits that all the Hundials installed in the temple are full. Therefore, the opening of the same is imminent.

6. In view of the said submission made by the learned counsel for the petitioner, this Court is inclined to issue a direction to the 2nd respondent to 3/6

consider the representation of the petitioner dated 23.06.2023 and pass necessary orders fixing date for opening of the Hundials as early as possible.

7. With the above directions, this writ petition is disposed of. No costs 02.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.The Commissioner HR & CE Department Uthamar Gandhi Salai, Nungambakam Chennai-600 034.

2.The Joint Commissioner HR & CE Department No.130, R.K.Mutt Road Mylapore, Chennai-600 004.

3.The Assistant Commissioner HR & CE Department No.127, Yadhaval street, Padi 4/6

Chennai-600 050.

4.The Inspector, Mambalam Circle, No.127, Yadhaval street, Paadi, Chennai-600 050.

S.SOUNTHAR , J.

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