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Madras High CourtWP/28569/2024disposed of

Nirguna v. The Commissioner

2024-09-25Honourable The Acting Chief Justice,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Nirguna .. Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2.The District Revenue Officer, O/o The District Revenue Officer, Krishnagiri - Post & District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.4/15, Gandhi Nagar, 8th Street, Tiruvannamalai - Post & District. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, No.1/304 - 4, Rajaji Nagar, Krishnagiri - Post & District.

5.Anandkumar .. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second respondent to conduct enquiry and rectify the wrong entry made in UDR scheme in Survey No.698, Ayarnapalli Village, Soolagiri - Taluk, Krishagiri District and further direct the fourth respondent to take action as per the direction of the third respondent made in Na.Ka.No.2326/2024/A3 dated 25.07.2024 to retrieve the land belonging to Sri Basweswarar Temple.

For the Petitioner : Mr.D.Veerasekaran For the Respondents : Mr.N.R.R.Arun Natarajan Spl. G.P. (HR & CE) for respondents 1, 3 and 4 : Mr.M.Habeeb Rahman Government Advocate for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the second respondent to conduct an enquiry and rectify the wrong entry made in UDR scheme in Survey No.698, Ayarnapalli Village, Soolagiri Taluk and to direct the fourth respondent to take action as per the direction of the third respondent to retrieve the land belonging to Sri Basweswarar Temple.

2. Learned Special Government Pleader (HR & CE) appearing for respondents 1, 3 and 4 submitted that the Executive Officer of the temple has filed a petition before the District Revenue Officer, Krishnagiri to correct the wrong entry made in the UDR scheme in Survey No.698/2 and the same is pending.

3. In the light of the said statement made by learned Special Government Pleader (HR & CE), without expressing any opinion on the merits of the matter, we direct the District Revenue Officer, Krishnagiri to dispose of the petition filed by the Executive Officer of the temple on merits and in accordance with law, as early as possible, of course, after providing opportunity to all concerned.

4. With the above observation, the writ petition stands disposed of. There shall be no order as to costs.

(D.K.K., ACJ.) (M.J.R., J.) 25.09.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

2.The District Revenue Officer, O/o The District Revenue Officer, Krishnagiri - Post & District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.4/15, Gandhi Nagar, 8th Street, Tiruvannamalai - Post & District. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, No.1/304 - 4, Rajaji Nagar, Krishnagiri - Post & District.

THE HON'BLE ACTING CHIEF JUSTICE AND M.JOTHIRAMAN,J.

bbr 25.09.2024