V.Chandarasekaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P. No.761 of 2016 V.Chandrasekaran .. Petitioner -vs1.The Commissioner, HR & CE, Nungambakkam, Chennai-34 2.The Joint Commissioner, HR & CE, Vellore, Vellore Fort.

3.The Assistant Commissioner, HR & CE, Kancheepuram.

4.P.K.Chandrasekar Chettiyar 5.P.K.Sivakumar 6.P.K.Narayanamoorthy 7.P.C.Baskar .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to take action on the representation dated 09.10.2015 made by the petitioner seeking to protect the property measuring to an extent of 1.61 acres belonging to the 'Sidhi Budhi Vinayagar Temple' comprised in Survey No.390/1B, Varadarajapuram Village Panchayat, Poonamallee Taluk, Tiruvallur District, within a reasonable time as may be fixed by this Court. For Petitioner :

Mr.N.Anand Venkatesh For Respondents :

Mr.V.R.Kamalanathan, Addl.G.P.

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O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner claims that in the civil proceedings instituted, it has been categorically established that the temple in question being Sidhi Budhi Vinayagar Temple, is the owner of the land measuring 1.61 acres and that the temple is a public temple. A quietus is stated to have been put to this issue by dismissal of the appeal in the civil proceedings on 28.12.2006.

2.Despite the aforesaid position, it is alleged that private respondents 4 to 6 have been inter se themselves settling the land which has already been declared as part of the public temple and on that basis, construction is sought to be made including by executing a gift deed in favour of the CMDA. The construction is stated to be carried on by the 7th respondent.

3.The petitioner sent a representation on 09.10.2015 but to no avail.

4.We direct the first respondent to cause an inspection of the area (it is stated by the learned Additional Government Pleader that inspection has been done about two days ago) and take action in accordance with law, if any unauthorised construction is found, by process being instituted under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, by the second respondent, with notice to all concerned.

5.The exercise be completed within a period of two (2) months of the receipt of the order and if any, interim directions are necessary, they can also be passed. 6.Writ Petition, accordingly, stands disposed of. No costs. -s/dAssistant Registrar(CO) dt:21/01/2016 True Copy Sub-Assistant Registrar sra

To 1.The Commissioner, HR & CE, Nungambakkam, Chennai.

2.The Joint Commissioner, HR & CE, Vellore, Vellore Fort.

3.The Assistant Commissioner, HR & CE, Kancheepuram.

+1 cc to Mr.N.Anand Venkatesh Advocate sr.1722 +1 cc to Government Pleader sr.1510 W.P.No.761 of 2016 ksj(co) aa22/01/2016