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Madras High CourtWP/29219/2017disposed of

R.Paramasivam, v. The Commissioner Of Land

2021-07-13Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.29219 of 2017 R.Paramasivam

...Petitioner

Vs.

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

2.The Commissioner, Hindu Religious Charitable Endowment, 119, Nungambakkam High way, Nungambakkam, Chennai-600 034.

3.The District Collector, Salem District, Salem.

4.The Deputy Inspector General of Police, Salem - 636 007.

5.The Joint Commissioner, Hindu Religious Charitable Endowment, Kottai Mariamman Complex, Salem - 636 001.

6.The Tahsildar, Temple Land, Joint Commissioner's Compound, Hindu Religious & Charitable Endowment, Salem - 636 001.

7.R.Durai Ramasamy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of mandamus directing the respondents 3 to 6 to take appropriate action to secure the Arulmigu Mariamman Thirukoil Land situated in Old Survey Nos.65/1 and 65/3 at Sandaipet, Pappampadi Village, Omalur Taluk, Salem District and restore the same with the temple by considering petitioner's representation dated 19.06.2017.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.N.R.R.Arun Natarajan (for R1 to R6) Government Advocate Mrs.V.Srimathi (for R7)

ORDER

The prayer in this writ petition is for a mandamus directing respondents 3 to 6 i.e. the District Collector, the Deputy Inspector General of Police, the Joint Commissioner, HR&CE Department and the Tahsildar to secure the land in Arulmigu Mariamman Thirukoil (temple in question) at Old Survey Nos.65/1 and 65/3, Sandaipet, Pappampadi Village, Omalur Taluk, Salem District and restore the same to the possession of the temple.

2. In this regard the petitioner states that he has filed a representation dated 19.06.2017. However, there is no acknowledgment for having issued the same to R3 to R6. Thus, in view of the elapse of time and also for the reason that the same is unavailable on the file of the HR&CE Department, as confirmed by Mr.NRR Arun Natarajan, learned Government Advocate, I close this writ petition, however, granting liberty to the petitioner to file a fresh representation, if he is so inclined. Such representation, if and when received by the authorities, shall be disposed after hearing the petitioner as well as R7, as against whom the allegations are levelled, within a period of eight weeks from the date of receipt of the representation. No costs.

-s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar ska To

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

2. The Commissioner, Hindu Religious Charitable Endowment, 119, Nungambakkam High way, Nungambakkam, Chennai-600 034.

3. The District Collector, Salem District, Salem.

4. The Deputy Inspector General of Police, Salem - 636 007.

5. The Joint Commissioner, Hindu Religious Charitable Endowment, Kottai Mariamman Complex, Salem - 636 001.

6. The Tahsildar, Temple Land, Joint Commissioner's Compound, Hindu Religious & Charitable Endowment, Salem - 636 001.

+1cc to M/s.R.Marudhachalamurthy, Advocate, Sr.33031 +1cc to Mr.V.Raghavachari, Advocate, Sr.33084 W.P. No.29219 of 2017 SMI[co] NSK 26/08/2021