B.Veman v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.12.2019
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.34364 of 2019 B.Veman .. Petitioner ..Vs..
1. The Government of Tamil Nadu, Represented by its Secretary, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai - 600 009.
2. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.
3. The Chief Engineer, Tamil Nadu Housing Board, No.493, anna Salai, Nandanam, Channai - 600 035.
4. The District Collector, District Collector Office, Vellore District.
5. A.Subramani (Called himself as president of the Arulmigu Sri Selva Vinayagar Temple) HIG-4, TNHB, Jothi Nagar, Arakkonam - 631 003.
Vellore District.
.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take appropriate action in the representation, dated 18.11.2019 made by the petitioner and thereon within a time to be stipulated by this Court. For Petitioner : Mr.P.Ganesan For Respondents : Mr.N.Inbanathan, (for R4) Additional Government Pleader Mr.M.Maharaja, (for R1 & R2) Special Government Pleader
O R D E R
The entire issue surrounds the installation of the statue of Kribanandha Variyar in the property belonged to the Tamil Nadu Housing Board. The petitioner herein had given representation to the 1st and 2nd respondent namely the Secretary to Government, HR & CE Department and to the Commissioner, HR & CE Department to consider the representation and remove the statue.
2. It is stated that the said temple which is otherwise called as Arulmigu Sri Selva Vinayagar Temple has been functioning at Tamil Nadu Housing Board, Jothi Nagar, Arakkonam - 631 003 in Vellore District and Kumbhabishegam has also been done. While that being so, the private party namely the 5th respondent is attempting to bring the temple under his control. The petitioner is aggrieved by the activities of the 5th respondent. The present writ petition has been filed for mandamus. In this case, a proper party namely the Joint Commissioner, HR & CE Department, Vellore has not been made a party respondent.
3. Without going into the merits of the case, it would be appropriate to give direction to the Joint Commissioner, HR & CE, Vellore District who is the responsible officer to dispose of the issue raised by the petitioner.
4. Hence, the petitioner is directed to give a representation to the Joint Commissioner, HR & CE, Vellore District regarding the issues raised and the grievance of the petitioner. On receipt of such representation, the said Joint Commissioner, HR & CE, Vellore District who is the responsible officer may consider the representation, issue notice to the concerned stake holders, hear the views and pass appropriate orders in accordance with law.
5. It is hoped that the petitioner would give his representation on or before 31.12.2019 and on receipt of such representation, the Joint Commissioner, HR & CE may dispose of the case on or before 31.01.2020. With the above observation, this writ petition is disposed of. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar
To
1. The Government of Tamil Nadu, Represented by its Secretary, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai - 600 009.
2. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.
3. The Chief Engineer, Tamil Nadu Housing Board, No.493, anna Salai, Nandanam, Channai - 600 035.
4. The District Collector, District Collector Office, Vellore District.
5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Vellore.
+1 CC to Mr.P.Ganesan, Advocate sr 102904.
+1 CC to Govt. Pleader sr 103891 +1 CC to Spl. Govt. Pleader sr 103744.
W.P.No.34364 of 2019 VSNII(CO) SP(26/12/2019)