A.K.K.V.Arunadu Matriculation v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.26189 of 2012 A.K.K.V.Arunadu Matriculation Higher Secondary School rep by its Chairman Anna Malai Nagar Tiruchirappalli - 18

...Petitioner

Vs.

1. State of Tamil Nadu rep by its Secretary Hindu Religious & Charitable Endowment Department Fort St. George, Secretariat Chennai

2. The Commissioner Hindu Religious & Charitable Endowment Department Nungambakkam Chennai - 600 034

3. The Joint Commissioner Hindu Religious & Charitable Endowment Department Amma Mandapam Road Srirangam, Trichy

4. The Executive Officer Arulmigu Panchavarna Swamy Kovil Woriyur, Trichy 620 003

...Respondents

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.428, dated 17.12.2008 and quash the same and consequently direct the fourth respondent to collect rent as

per G.O.Ms.No.456 dated 9.11.2007 with respect to the lands in survey No.33, Thamalavarupayan village, Trichy District, measuring an extent of 4.08 acres, being used as Play ground by the petitioner.

For Petitioner : Mr.R.Muthukumaraswamy senior counsel for Mr.A.Jenasenan For Respondents : Mr.K.V.Dhanapalan Special Government Pleader for R1 to R3 Mr.C.V.Vijayakumar for R4

O R D E R

Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that it would suffice if the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs prayed for in the writ petition and if the first respondent is directed to dispose of the same, on merits, within a specified time.

3. The learned counsels appearing for the respondents have no objection for this Court passing such an order.

4. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs prayed for in the writ petition, within a period of two weeks from today, and on such representation being submitted, the first respondent shall pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of four weeks thereafter.

5. With the above directions, the writ petition stands disposed of. No costs. Connected M.P.Nos.1, 2, 3 and 4 of 2012 and M.P.No.1 of 2014 are closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar lan To

1. The Secretary State of Tamil Nadu Hindu Religious & Charitable Endowment Department Fort St. George, Secretariat Chennai

2. The Commissioner Hindu Religious & Charitable Endowment Department Nungambakkam Chennai - 600 034

3. The Joint Commissioner Hindu Religious & Charitable Endowment Department Amma Mandapam Road Srirangam Trichy

4. The Executive Officer Arulmigu Panchavarna Swamy Kovil Woriyur Trichy 620 003 Writ Petition No.26189 of 2012 MG (CO) PSI (18.11.2015)