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Madras High CourtWP/29562/2023disposed of

A.Arun Perumal v. The Commissioner

2025-04-17Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR A.Arun Perumal ..

Petitioner Vs.

1. The Commissioner Hindu Religious & Charitable Endowments 119, Uthamar Gandhi Road Thousand Lights West, Nungambakkam Chennai - 600 034.

2. The Assistant Commissioner HR & CE Department District Collectorate Campus Kancheepuram - 631 501.

3. Executive Officer Arulmigu Ranganatha Perumal Temple Thiruneermalai Road Thiruneermalai, Chennai Chengalpattu - 600 044.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 21.11.2022. For the Petitioner : Mr.R.N.Amarnath For the Respondents : Mr.N.R.R.Arun Natarajan

Special Government Pleader (HR & CE)

ORDER

(Order of the Court was authored by R.SURESH KUMAR, J.) The prayer sought in the present writ petition is for a writ of mandamus, to direct the respondents to consider the petitioner's representation dated 21.11.2022.

2. The petitioner has given a representation on 21.11.2022 to the Commissioner, Hindu Religious and Charitable Endowments (HR & CE) Department, to provide a passage through S.Nos.79, 80 and 82, which belong to the third respondent Temple, either by way of lease or in lieu to that, he is ready and willing to exchange a land belonging to him on the northern side to an extent of 12,041 Sq. Ft. In order to consider the said representation, he has moved the present writ petition seeking a writ of mandamus.

3. Heard Mr.R.N.Amarnath, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the respondents.

4. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE), would point out that any proposal for leasing or

even for exchange, has to come only from the Temple. Therefore, the direct representation given to the HR & CE Department cannot be considered. Therefore, if at all any representation is given by the petitioner to the Temple, that is the third respondent Temple, it is for the third respondent Temple to take action on the same and to forward the same to the HR & CE Authorities for taking necessary action in considering the representation and disposing the same on merits and in accordance with law.

5. In that view of the matter, we are inclined to dispose of this writ petition with the following terms:- (i) That it is open to the petitioner to make a representation to the third respondent Temple, who in turn, if they are willing to forward the same, could forward the same with their comments to the Commissioner of the HR & CE Department or to the Joint Commissioner of the HR & CE Department, as the case may be, and on receipt of the same, it is open to the HR & CE Department to dispose the representation in the manner known to law.

6. With these observations and directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, W.M.P.No.21380 of 2024 is closed. (R.S.K., J.) (S.S., J) 17.04.2025 drm

To:

1. The Commissioner Hindu Religious & Charitable Endowments 119, Uthamar Gandhi Road Thousand Lights West, Nungambakkam Chennai - 600 034.

2. The Assistant Commissioner HR & CE Department District Collectorate Campus Kancheepuram - 631 501.

R. SURESH KUMAR, J.

AND S. SOUNTHAR , J.

(drm) 17.04.2025