Madras High CourtWP/26661/2024disposed of

P.Govindaraj v. The Secretary To Government

2024-09-13Honourable Mr Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26661 of 2024 P.Govindaraj

...Petitioner

Vs.

1.The Secretary to Government Tourism Culture & Religious Edowments Department Secretariat Chennai 600 009.

2.The Commissioner of Land Administration Chepuk Chennai 600 005.

3.The Commissioner Hindu Religious & Charitable Edowments Department 119, Nungambakkam High Road Chennai 600 034.

4.The District Collector Chengalpet.

5.The District Revenue Officer Chengalpet.

6.The Revenue Divisional Officer Tambaram, Vandalur Taluk Chengalpattu District.

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7.The Tahsildar Taluk Office Vandalur Chengalpet District.

8.The Joint Commissioner Hindu Religious & Charitable Endowments Department Kancheepuram.

9.The Assistant Commissioner Hindu Religious & Charitable Endowments Department Kancheepuram.

10.The Executive Officer Arulmigu Akiandeswari Udanurai Agastheeswarar Thirukoil, Pudupakkam, Vandalur Taluk, Chengalpet District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 4 to 7 to rectify the error on the revenue records in respect of survey numbers 355/1, 227/1 and 355/5 and classify the same as Vaikkal and Agastheeswarar Kulam respectively and also direct the respondents to restore the Vaikkal in its original possession as per SLR, by considering the petitioner representations dated 15.02.2024 and 18.06.2024.

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For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mr.A.Selvendran for R2, R4 to R7 Special Government Pleader Mr.N.R.R.Arun Natarajan for R1, R3 R8 to R10 (HR & CE) Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 4 to 7 to rectify the error in the revenue records in respect of S.Nos.355/1, 227/1 and 355/5 and reclassify the same as Vaikkal and Agastheeswarar Kulam, by considering his representations dated 15.02.2024 and 18.06.2024, within a time frame fixed by this Court.

2. It is the case of the petitioner that the property situated in the above mentioned survey numbers was originally classified as Sri Agasteeswarar Thirukovil Temple Kulam and during the Natham Nilavari Thittam, the same was wrongly classified as Government Pormboke. Therefore, the petitioner submitted a representation on 15.02.2024 to the respondents 4 & 5 seeking rectification of the error in the revenue records, the same has not been considered. Hence, the petitioner is before this Court. 3/7

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 2, 4 to 7 and Mr.N.R.R. Arun Natarajan, learned Special Government Pleader takes notice for the respondents 1, 3 & 8 to 10.

4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 2, 4 to 7 would submit that the representation of the petitioner will be considered, on its own merits and in accordance with law, within a time frame fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to forward the representation of the petitioner dated 15.02.2024 to the second respondent, within a period of four weeks from the date of receipt of copy of this order. The second respondent shall consider the representation of the petitioner and pass final orders, on its own merits, within a further period of 12 weeks thereafter.

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6. With the above direction, this Writ Petition is disposed of. No costs.

13.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Secretary to Government Tourism Culture & Religious Edowments Department Secretariat Chennai 600 009.