D.Sureshbabu v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Sureshbabu ..
Petitioner Vs.
1. The Commissioner Tamil Nadu Hindu Religious & Charitable Endowments Department Uthamar Gandhi Salai Nungambakkam, Chennai.
2. The Joint Commissioner O/o. The Joint Commissioner Tamil Nadu Hindu Religious & Charitable Endowments Department Balasundaram Road
3. Divisional Engineer (H) O/o. The Divisional Engineer (H) Nabard & Rural Roads
4. The Commissioner Coimbatore Corporation
5. The Executive Officer/Takkar Arulmigu Balathandayuthapani (A) Subramaniya Swamy Thirukovil Vellalar Road, Singanallur
6. The Tahsildar O/o. The Tahsildar Coimbatore South
7. Thayagam Social Service Society No.5, Vellalore Road Singanallur Coimbatore - 641 005.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 to consider the representation of the petitioner dated 16.08.2023 to construct road/pathway for the Arulmigu Balathandayuthapani (A) Subramaniya Swami Tirukovil situated in 54 Singanallur Old Survey No.439 along side of the newly constructed bridge removing the encroachments made in the Government Poramboke land if needed for construction of road/pathway to reach the Arulmigu Balathandayuthapani (A) Subramaniya Swami Tirukovil by the devotees and public at large.
For the Petitioner : Mr.R.Amardeep For the Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 & R2
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.R.Amardeep, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for respondents 1 & 2.
2. Learned counsel for the petitioner submits that a pathway does not exist near the Temple. A representation to that effect is also given to the Hindu Religious and Charitable Endowments Department (for brevity, hereinafter referred to as "HR & CE Department").
3. Learned Special Government Pleader, appearing for the HR & CE Department submits that a pathway is being used and as representation is also given to the HR & CE Department, the Authorities shall decide the same on its own merits and in accordance
with law, preferably within a period of six months.
4. In view of the aforesaid submissions, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :
Yes/No :
Yes/No drm To
1. The Commissioner Tamil Nadu Hindu Religious & Charitable Endowments Department Uthamar Gandhi Salai Nungambakkam, Chennai.
2. The Joint Commissioner O/o. The Joint Commissioner Tamil Nadu Hindu Religious & Charitable Endowments Department Balasundaram Road
3. Divisional Engineer (H)
O/o. The Divisional Engineer (H) Nabard & Rural Roads
4. The Commissioner Coimbatore Corporation
5. The Executive Officer/Takkar Arulmigu Balathandayuthapani (A) Subramaniya Swamy Thirukovil Vellalar Road, Singanallur
6. The Tahsildar O/o. The Tahsildar Coimbatore South
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 03.10.2023