D.Elavarasi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR D.Elavarasi ... Petitioner vs.

1.The Secretary to Government, Hindu Religious & Charitable Endowments Board, Fort St. George, Chennai - 600005 2.The Commissioner, Hindu Religious & Charitable Endowments Board, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034 3.The Joint Commissioner, Hindu Religious & Charitable Endowments Board, Vellore District, Regional Transport Office Rd, Nehru Nagar, Phase 2, Sathuvachari, Vellore - 632009 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd Respondent to consider the Petitioner's representation dated 13.08.2024 and execute a sale, lease or rent deed in favour of the Petitioner in respect of the property situated at Old Door No.200, 7/12, New Door No.11/12, Survey No.1975, measuring 1/6

an extent of 1983 sq.ft, pursuant to the proceedings of the 2nd Respondent bearing number O.M.No.806408-2/2024/V1 dated 06.09.2024, within a specified time fixed by this Court.

For Petitioner : Mr.T.T.Ravichandran for M/s.S.I.Sharukumar For Respondents : Mr.S.Ravichandran Additional Government Pleader (HR & CE)

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the 3rd respondent to consider her representation dated 13.08.2024 seeking Sale/Lease of the property situated at Old Door No.200, 7/12, New Door NO.11/12, Survey No.1975, Ganapathy Mudali Street, Triplicane with an extent of 1983 sq.ft., within the time stipulated by this Court.

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3. It is the case of the petitioner that she had been in possession and enjoyment of the same and construction in the said property was put up by her father more than 40 years back. A Temple called 'Varasiddhi Vinayagar Koil' situated at Arcot, Ranipet District claimed right over the said property. Therefore, the petitioner submitted a representation on 13.08.2024 expressing his willingness to purchase or enter into lease arrangement with the Temple in accordance with law. The representation submitted by the petitioner was forwarded by the 2nd respondent to the 3rd respondent and the same has not been considered till date. Therefore, the petitioner has come before this Court.

4. Mr.S.Ravichandran, learned Additional Government Pleader, (HR and CE), who is taking notice for the respondents would submit that the representation of the petitioner dated 13.08.2024 is pending on the file of the 3rd respondent till date and the same will be considered in accordance with law, within the time fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, the 3rd respondent, on whose file the representation 3/6

of the petitioner dated 13.08.2024 is stated to be pending, is directed to consider the same and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

19.11.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Secretary to Government, Hindu Religious & Charitable Endowments Board, Fort St. George, Chennai - 600005 2.The Commissioner, Hindu Religious & Charitable Endowments Board, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034 3.The Joint Commissioner, Hindu Religious & Charitable Endowments Board, Vellore District, Regional Transport Office Rd, Nehru Nagar, Phase 2, Sathuvachari, Vellore - 632009 5/6

S.SOUNTHAR, J.

dm 19.11.2024 6/6