A.Radhakrishnan v. The Scretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI A.Radhakrishnan
...Petitioner
Vs.
1.
The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai - 600 009.
2.
The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai - 600 034.
3.
The District Collector, Krishnagiri - 635 115.
4.
The Taluk Executive Magistrate cum Tahsildar, Krishnagiri - 635 001.
5.
The Deputy Inspector General of Police, Jail Superintendent Bungalow Back side, Salem - 636 007.
6.
The Joint Commissioner, 1/7
Hindu Religious & Charitable Endowments Department, Thiruvannamalai.
7.
The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Krishnagiri.
(R-6 and 7 Suo Motu amended vide order dated 12.09.2024 by MDIJ) 8.
The Fit Person, Arulmigu Mariamman Temple, Avadanapatty - 636 101, Krishnagiri District.
9.
The Executive Officer, Arulmigu Mariamman Temple, Avadanapatty - 636 101, Krishnagiri District.
10. The Managing Hereditary Trustee, Arulmigu Mariamman Temple, Avadanapatty - 636 101, Krishnagiri District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to consider the petitioner representation dated 14.08.2019 and to take appropriate action for performing Kumbabishegam, basic amenities as well as securing and safeguarding of the properties belonging to 8th respondent temple. 2/7
For Petitioners : M/s.A.Radhakrishnan (P-in-P) For Respondents : Mr.N.R.R.Arun Natarajan, SGP for R1,2,6,7 & 8 Mr.L.S.M.Hasan Fizal,AGP for R3 to 5 Mr.S.Sithirai Anandhan for R9 Mr.C.Samivel for R10
ORDER
During the course of hearing, this Court found that the cause title of respondents 6 and 7 have to be amended as (i) the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruvannamalai; and (ii) the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Krishnagiri. Accordingly, suo motu, the cause titles are amended as such.
2. This writ petition has been filed seeking to direct the third respondent to consider the petitioner representation dated 14.08.2019 and to take appropriate action for performing Kumbabishegam, basic amenities as well as securing and safeguarding of the properties belonging to 8th respondent temple.
3/7
3. It is the case of the petitioner that Arulmigu Mariamman Temple situated in Avadanapatty. The said Temple is administered by the second respondent department and the respondents 8 to 10 are looking after the administration. Seeking to take appropriate action to secure and safeguard the property, which belongs to the said Temple, the petitioner has made a representation dated 14.08.2019 to the Chief Minister of Tamil Nadu which in turn was forwarded to the third respondent for passing appropriate orders. However, no orders have been passed. Hence, the present writ petition has been filed.
4. Though very many grounds have been raised in the present writ petition, the petitioner / party-in-person submits that it would suffice if this Court issues a direction to the respondents 2 to 7 to consider the petitioner's representation dated 14.08.2019 and pass appropriate orders within the time frame that may be stipulated by this Court.
5. Heard the learned counsel appearing on either side and perused the 4/7
materials placed on record.
6. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the respondents 2 to 7 to consider the petitioner's representation dated 14.08.2019 on merits and in accordance with law and pass appropriate orders within a period of twelve
(12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.
7. With the above observation, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12.09.2024 1/2 Office to Note :
Carry out necessary amendments before issuance of order copies.
rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No 5/7
To:
1.
The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai - 600 009.
2.
The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Nungambakkam High Road, Chennai - 600 034.
3.
The District Collector, Krishnagiri - 635 115.
4.
The Taluk Executive Magistrate cum Tahsildar, Krishnagiri - 635 001.
5.
The Deputy Inspector General of Police, Jail Superintendent Bungalow Back side, Salem - 636 007.
6.
The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Thiruvannamalai.
7.
The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Krishnagiri.
6/7
M.DHANDAPANI , J.
rap 1/2 12.09.2024 7/7