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Madras High CourtWP/25289/2021disposed of

Murali v. The Secretary To Government

2022-03-25Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.NOS.25289, 25291, 25295, 25300, 25302, 25397, 25408 & 25411 OF 2021 AND W.M.P.NOS.26682, 26683, 26686, 26687, 26692, 26693, 26700 TO 26703, 26823, 26824, 26834, 26835, 26839 & 26840 OF 2021 MURALI ... PETITIONER in WP No.25289 of 2021 BABU ... PETITIONER in WP No.25291 of 2021 REVATHI ... PETITIONER in WP No.25295 of 2021 MUTHUKRISHNAN ... PETITIONER in WP No.25300 of 2021 SANTHANAKRISHNAN ... PETITIONER in WP No.25302 of 2021 B.MURALI ... PETITIONER in WP No.25397 of 2021 R.SASIKALA ... PETITIONER in WP No.25408 of 2021 D.VENKATESAN ... PETITIONER in WP No.25411 of 2021 Vs.

1. The Secretary to Government, Secretariat, Chennai - 600 009.

... Respondent 1 in WP Nos.25289, 25291, 25295, 25300, 25302 of 2021

1. The Principal Secretary to Government, Secretariat, Chennai - 600 009.

...Respondent 1 in WP Nos.25397, 25408,

25411 of 2021

2. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Villupuram & District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore & District.

5. The Executive Officer, Arulmigu Virudhagireeswarar Temple, Vriddhachalam Town, Cuddalore District - 606 001.

... Respondents 2 to 5 in all the Writ Petitions Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the Common order in G.O.(Ms) No.147, dated 01.11.2021, Tourism, Culture and Religious Endowments (RE3.2) Department in R.P.Nos.19, 20, 17, 21, 18, 22, 24 & 23 of 2021 passed by the 1st Respondent and order dated 19.03.2020 in A.P.Nos.79, 80, 77, 81, 78, 82, 84 & 83 of 2019 passed by the 2nd Respondent and order dated 27.02.2019 in M.P.Nos.11, 12, 07, 13, 10, 14, 16 & 15 / 2018 E2 passed by the 3rd Respondent and quash the same and consequently direct the 5th Respondent to allocate appropriate alternative site around the Sri Virudhagireeswarar Temple, Vriddhachalam, to the Petitioner for running their shops.

(In all cases):

For Petitioner : Mrs.AL.Ganthimathi For RR 1 to 4 : Mr.N.R.R.Arun Natarajan Special Government Pleader For R5 : Mr.M.Purushothaman

COMMON ORDER These Writ Petitions are filed challenging the common order dated 01.11.2021, passed by the 1st respondent, common order dated 19.03.2020 passed by the 2nd respondent and orders dated 27.02.2019 passed by the 3rd respondent and for a direction to the 5th respondent to allocate appropriate alternative sites around Sri Virudhagireeswarar Temple, Vriddhachalam, to the petitioners for running their shops.

2.Though these Writ Petitions are filed challenging the common order in G.O.(Ms.)No.147, Tourism, Culture and Religious Endowments (RE3.2) Department dated 01.11.2021, passed in R.P.Nos.17 to 24 of 2021, filed by the petitioners under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, when the matter is taken up for hearing, Mrs.AL.Ganthimathi, learned counsel appearing for the petitioners restricted her arguments and submitted that petitioners will be satisfied if a direction is issued to the respondents to consider the representation of the petitioners dated 27.11.2021 addressed to the respondents 2, 3 & 5 and pass orders on the same.

3.Considering the above said submission made by the learned counsel appearing for the petitioners, without deciding the issue on merits, the respondents 2 & 3 are directed to consider the representation of the petitioners dated 27.11.2021 and pass order on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above directions, these Writ Petitions are disposed of. Consequently the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar krk To

1. The Secretary to Government/ Principal Secretary to Government, Secretariat, Chennai - 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Villupuram & District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore & District.

5. The Executive Officer, Arulmigu Virudhagireeswarar Temple, Vriddhachalam Town, Cuddalore District - 606 001.

+1cc to M/s.M.Purushothaman, Advocate, S.R.No.20456 +1cc to the Special Government Pleader(HR & CE), S.R.No.20687 W.P.Nos.25289, 25291, 25295, 25300, 25302, 25397, 25408 & 25411 of 2021 RSI(CO) RLP(20/04/2022)