J.Suresh Kumar v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B. BALAJI J. Suresh Kumar represented by his Power of Attorney Holder R.C. Mini D/o Late V.G. Rajendran Nair APRA 49, Nirala Amita Sankar Road Kannamoola Thiruvananthapuram - 11 Petitioner v The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Buildings No.1, Gandhi Irwin Road Egmore Chennai 600 008 The Commissioner Greater Chennai Corporation Ripon Buildings Chennai 600 003 The Commissioner Hindu Religious and Charitable Endowments Board Nungambakkam Chennai 600 034 1/6

K. Vinoth Kumar The Principal Secretary Tourism, Culture & Religious Endowments Department Chennai Respondents (R5 suo motu impleaded by this Court on 29.10.2024) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to initiate action for removal of unauthorised construction put up by the fourth respondent in the land belonging to Arulmighu Dhandeeswara Thirikoil at Door No.7/15, Karunambigai Colony, Velachery, Chennai 600 042. For petitioner Ms. K.M. Valsala For R1 Mr. C. Manoharan, Standing Counsel For R2 Mrs. P.T.Ramadevi, Standing Counsel For R3 Mr. N.R.R. Arun Natarajan Special Government Pleader For R4 Mrs. N.R. Jasmine Padma for Mr. L. Chandrakumar

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents 1 and 2 to initiate action for removal of unauthorised construction put up by the fourth respondent in the land belonging to Arulmighu Dhandeeswara Thirikoil at Door No.7/15, Karunambigai Colony, Velachery, Chennai 600 042.

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2.

Today, when the matter was taken up for hearing, the learned Special Government Pleader for the third respondent/H.R. & C.E Department submitted that the order of eviction dated 31.03.2017 passed by the Joint Commissioner under Sections 78 and 79 of the H.R. & C.E. Act has been confirmed in the revision filed under Section 21, ibid., by the Commissioner, H.R. & C.E. vide order dated 07.01.2020 and the further revision filed thereagainst, before the Principal Secretary, Tourism, Culture and Religious Endowments Department, Chennai, under Section 114, ibid., is pending consideration.

3.

In view of the above submission, to meet the ends of justice, the Principal Secretary, Tourism, Culture and Religious Endowments Department, Chennai, is suo motu impleaded as the fifth respondent in this writ petition and the said authority is directed to consider and pass appropriate orders by following the due proccedure, on the pending further revision filed under Section 114, ibid., within a period of twelve weeks from the date of receipt of a copy of this order, of course, after affording an opportunity of hearing to all the parties concerned. 3/6

With the above direction, this writ petition stands disposed of sans costs.

(D.K.K., J.) (P.B.B., J.) 29.10.2024 cad 4/6

To The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Buildings No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Commissioner Greater Chennai Corporation Ripon Buildings Chennai 600 003 The Commissioner Hindu Religious and Charitable Endowments Board Nungambakkam Chennai 600 034 4.

The Principal Secretary Tourism, Culture and Religious Endowments Department Chennai 5/6

D. KRISHNAKUMAR, J.

and P.B. BALAJI, J.

cad W.P. No.25450 of 2024 29.10.2024 6/6