Madras High CourtWP/29152/2024disposed of with direction

Harikrishnan v. Government Of Tamil Nadu

2024-10-04Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29152 of 2024 and WMP. No.31834 of 2024 Harikrishnan ... Petitioner Vs.

1. The Additional Chief Secretary to Government, Tourism, Culture and Religious Endowments Department, Secretariat, Chennai-9.

2. The Commissioner HR & CE, No.119, Uthamar Gandhi Road, Thousand Light West, Nungambakkam, Chennai.

3. The Joint Commissioner, HR & CE Department, Kancheepuram.

4. The Chairman, District Committee for Recommendation of appointment of Trustee, HR & CE, Chengalpattu District, Chengalpattu.

5. The Assistant Commissioner, HR & CE, Collectorate Complex, Chengalpattu.

6. The Executive Officer, Arulmigu Padavettamman and Kolatchi Amman Thirukoil, Kaspauuram, Chennai-126.

Office at Arulmigu Renganatha Perumal Thirukkoil, Thiruneermalai, Chennai-132.

....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the objections of the petitioner dated 13.09.2024, before finalizing and appointing any trustees or poojari to the temples of Padavettamman and Kolatchiamman, Non listed Temple at Sl.No.35

with Temple ID TM000592 at Kaspapuram Village, Tambaram Taluk, Chengalpattu District.

For Petitioner : Mr.K.Perumal For Respondents : Mr.K.Karthieyan, GA (HR & CE)

ORDER

The writ petitioner seeks a direction to the respondents to consider the objections of the petitioner dated 13.09.2024, before finalising and appointing any trustees or poojari to the temples of Padavettamman and Kolatchiamman, Non listed Temple at Sl.No.35 with Temple ID TM000592 at Kaspapuram Village, Tambaram Taluk, Chengalpattu District.

2. It is the case of the petitioner that there is an immovable property in S.No.7/6 and S.No.38/1 in Kasapuram Village, which is the Padavettamman and Kolatchiamman's temple properties. Some unknown persons with a view to grab the property started claiming that the same is their ancestral one. Initial, the HR & CE department have filed suit and lodged police complaints. Even then, the complete property is encroached by the private individuals and church is constructed in the said temple property. Now the respondents are in process of appointing trustees and poojari to the temple and in that names family members of persons in encroachment and having FIR registered against them. Aggrieved over the same, the petitioner along with villagers had submitted the representation to their appointment and the same is pending. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass appropriate orders on the petitioner's representation within the stipulated time as fixed by this Court.

4. The learned Government Counsel appearing for the respondents submitted that the representation will be considered and an appropriate orders will be passed within the time frame as fixed by this Court.

5. Heard the learned counsel for the petitioner as well as the learned Government Counsel and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the 5th respondent to consider the petitioner's representation dated 11.09.2024 and pass orders within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions is also closed. 04.10.2024 rli To: