Dhanasekar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.33583 of 2025 Dhanasekar ... Petitioner

Versus

1.The Commissioner Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Street, Nungambakkam, Chennai-34.

2. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Street, Nungambakkam, Chennai-34.

3. Sarala ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to dispose of the representation dated 03.03.2025 sent by the petitioner to the second respondent by conducting an enquiry on merits within a time that may be fixed by this Court.

For Petitioner :

Mrs.Kamatchi D For Respondents :

Mr.S.Ravichandran RR1 & 2 Additional Government Pleader 1/4

ORDER

This petition has been filed seeking a direction to the second respondent to dispose of the representation dated 03.03.2025 sent by the petitioner to the second respondent by conducting an enquiry on merits

2. It is the case of the petitioner that the petitioner and his father have been in continuous maintenance of the temple known as Muthukumara Sri Madhura Veerasamy Alayam situated at No.46, Avathanam Pappier Street, Choolai, Chennai for over 34 years. After demise of his father, the petitioner became solely in charge of the temple. In February 2025, the 3rd respondent and other ladies were acquired the temple by forcibly break open the lock of the temple and took incharge of the temple. Therefore, the petitioner made a representation on 03.03.2025, to the respondents 1 & 2 requesting to intervene in this matter and take charge of the management of the temple in order to safeguard the articles in the temple and the same is not considered and hence, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation 2/4

and pass appropriate orders within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader submitted that the petitioner's representation will be considered and appropriate orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. Perused the materials available on record. Since no adverse order is passed against the third respondent and hence, notice to the third respondent is dispensed with.

6. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court directs the second respondent to conduct enquiry and find out whether the above said temple is a public temple or not and consider the representation of the petitioner dated 03.03.2025 and pass orders on merits and in accordance with law, after giving opportunity to the petitioner as well as the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

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M. DHANDAPANI, J rli

7. With the above direction, the writ petition stands disposed of. No costs.

04.09.2025 rli To 1.The Commissioner Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Street, Nungambakkam, Chennai-34.

2. The Joint Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Street, Nungambakkam, Chennai-34.

W.P. No.33583 of 2025 4/4