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Madras High CourtWP/28100/2023disposed of

M.Thangarajan v. The Commissioner

2023-09-27Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28100 of 2023 M.Thangarajan

...Petitioner

Vs.

1.The Commissioner Hindu Religious & Charitable Endowments Department Salem.

2.The Joint Commissioner Hindu Religious & Charitable Endowments Department Salem.

3.The Assistant Commissioner/Executive Officer Arulmigu Sugavaneswarar Swami Thirukoil Salem Town.

4.The Chairman Board of Trustee Arulmigu Sugavaneswarar Swami Thirukoil Salem Town.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the grill structure erected in front of 63 Nayanmargal Statue at fourth respondent temple by considering the petitioner representation dated 12.09.2022. 1/4

For Petitioner : Mr.D.Lakshmipathy For Respondents : Mr.S.Yashwanth for R1 to R3 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 3 to remove the grill structure erected in front of 63 Nayanmargal Statue in the fourth respondent temple by considering his representation dated 12.09.2022.

2. The petitioner submitted a representation on 12.09.2022 requesting the respondents 1 to 3 to remove the grill structure erected in front of 63 Nayanmargal Statue in the fourth respondent's temple. The petitioner relied on the circular issued by the first respondent dated 13.09.2021 in Na.Ka.No.7871/2013/xa;/2/ The said representation of the petitioner has not been considered by the respondents 1 to 3 till date. 2/4

3. Mr.S.Yashwanth, learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the erection of grill structure was made after getting necessary permission from the first respondent.

4. Though the petitioner sought for a positive direction to the respondents 1 to 3 to remove the grill structure erected in front of 63 Nayanmargal Statue based on the circular issued by the first respondent, this Court is not inclined to issue such a positive direction. However, the third respondent is directed to consider the representation submitted by the petitioner dated 12.09.2022 in the light of the circular issued by the first respondent dated 13.09.2021 and pass final orders within a period of 8 weeks from the date of receipt of copy of this order.

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

27.09.2023 Index : Yes/No Internet : Yes/No : Yes/No dna 3/4

S.SOUNTHAR , J.

dna To 1.The Commissioner Hindu Religious & Charitable Endowments Department Salem.

2.The Joint Commissioner Hindu Religious & Charitable Endowments Department Salem.

3.The Assistant Commissioner/Executive Officer Arulmigu Sugavaneswarar Swami Thirukoil Salem Town.

4.The Chairman Board of Trustee Arulmigu Sugavaneswarar Swami Thirukoil Salem Town.

W.P No.28100 of 2023 27.09.2023 4/4