Madras High CourtWP/32131/2024disposed of with direction

A.Radhakrishnan v. The Secretary To Government

2024-10-28Honourable Mr Justice M.Dhandapani11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Radhakrishnan ... Petitioner Vs.

1.The Secretary to Government, Public (Special A) Department, Secretariat, Chennai-600 009.

2.The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

3.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

4.The Secretary to Government, Tourism, Culture and Endowments Department, Secretariat, Chennai-600 009.

5.The Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

6.The Commissioner of Land Administration, Chepauk, Chennai-600 005.

7.The Director of Survey and Settlements, Chepauk, Chennai-600 005.

8.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-600 034.

9.The District Executive Magistrate cum District Collector, Salem-636 001.

10.The District Revenue Officer, Salem.

11.The Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Sankari-637 301, Salem District.

12.The Tahsildar, Sankari Taluk, Sankari.

13.The Tahsildar, Temple Lands, Salem.

14.The Inspector General of Police, West Zone, Coimbatore.

15.The Inspector of Police, District Special Branch, Nethimedu, Salem-636 002.

16.The Deputy Inspector General of Registration, Kumaragiri Bye Pass Road, Salem-636 014.

17.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

18.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dharmapuri.

19.The Inspector, Hindu Religious and Charitable Endowments Department, Sankari, Salem.

20.The Chairman, Board of Trustees, Arulmigu Periya Mariamman Temple Edanganasalai, Sankari Taluk,

Salem District. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the eighth respondent to secure and safeguard the properties of the respondent No.20 Temple by considering the petitioner's representation dated 07.01.2020. For Petitioner :

Party-in-Person For Respondents : Mr.Yokesh Kannadasan Special Government Pleader for R1, R3 and R4 Mr.U.Baranidharan Additional Government Pleader for R2, R5 to R7, R9 to R13 Mr.L.Baskaran Government Advocate (Crl.side) for R14 and R15 Mr.NRR.Arun Nataraj Special Government Pleader for R8, R17 to R19 Mr.LSM.Hasan Fizal Additional Government Pleader for R16 R20-Party-in-Person

O R D E R

This Writ Petition has been filed to direct the respondent No.8 to secure and safeguard the properties of the respondent No.20 Temple by considering the petitioner's representation dated 07.01.2020.

2. The case of the petitioner is that the properties in Survey Nos.319/1A, 1B, 1C, 525/2, 526/6 and 475/7A and 7B belong to Arulmigu Mariyamman and Kottai Vinayagar Temple, however, those properties were alienated and patta was obtained fraudulently and therefore, the petitioner made a representation on 07.01.2020 before the respondent No.8 to secure the Temple properties, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent Nos.8 to 19 are directed to dispose of

the representation of the petitioner, dated 07.01.2020 on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondent Nos.1, 3 and 4, the learned Additional Government Pleader appearing for the respondent Nos.2, 5 to 7 and 9 to 13, the learned Government Advocate (Crl.side) appearing for the respondent Nos.14 and 15, the learned Special Government Pleader appearing for the respondent Nos.8, 17 to 19 and the learned Additional Government Pleader appearing for the respondent No.16 have no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent Nos.8 to 19 to consider the representation of the petitioner, dated 07.01.2020 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

28.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Secretary to Government, Public (Special A) Department, Secretariat, Chennai-600 009.