Sethu Vijayakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Sethu Vijayakumar .. Petitioner Vs.

1.The Commissioner HR & CE Department Nungambakkam, Chennai-34 2.The Joint Commissioner HR & CE Department Nagapattinam 3.The Assistant Commissioner HR & CE Department Tiruvarur 4.The Inspector HR & CE Department Valangaiman Tiruvarur District 5.A/m. Angalamman Temple Rep. by Inspector HR & CE Department Valangaiman Tiruvarur District .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 4 to take 1/4

immediate action by appointing Hereditary Trustee for the 5th respondent Temple situated at Sinku Street, Valangaiman Taluk, Tiruvarur District and remove the encroachers from the properties belonging to the 5th respondent Temple situated at R.S.No.126/3A, 5, 7, 11, 12, 17 at Sinku Street, Valangaiman Taluk, Tiruvarur District and consider the representation of the petitioner dated 22.04.2024.

For petitioner : Mr.P.Srividhya For respondents : Mr.K.Karthikeyan Government Advocate

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 to 4 to take immediate steps to appoint Hereditary Trustee for the 5th respondent temple and also take further steps to remove the encroachers from the properties belonging to the 5th respondent temple, based on the representation made by the petitioner on 22.04.2024.

2. When the matter was taken up for hearing today, the learned Government Advocate, on written instructions received from the 2nd respondent viz., Joint Commissioner of HR & CE Department, Nagapattinam, submitted that the temple in question is a non-listed temple under Section 49(1) of HR & CE Act. That apart, the enquiry for appointment of Hereditary Trustee is now pending before the 2nd respondent and it is listed for enquiry on 31.07.2025. On that day, the statement of the petitioner will be recorded and a final decision 2/4

will be taken by the 2nd respondent. Thereafter, steps will be taken for removal of encroachers from the temple property.

3. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court and also taking note of the written instructions given by the 2nd respondent, there shall be a direction to the 2nd respondent to take a final decision within a period of eight weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs. 28.07.2025 gya Index : Yes/No 3/4

N. ANAND VENKATESH, J.

gya To 1.The Commissioner HR & CE Department Nungambakkam, Chennai-34 2.The Joint Commissioner HR & CE Department Nagapattinam 3.The Assistant Commissioner HR & CE Department Tiruvarur 4.The Inspector HR & CE Department Valangaiman Tiruvarur District 28.07.2025 4/4