The Executive Officer v. S.Chitra Srinivasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN against W.M.P.No.28420 of 2023 The Executive Officer Arulmighu Kodhandaramar Swamy Thirukoil Nandambakkam HR&CE Department Chennai - 600 089 ... Petitioner Vs.
1. S.Chitra Srinivasan
2. District Registrar District Registrar (Administrative) Office South Chennai Combined Commercial Tax and Registration Department Office (Ground Floor) Nandhanam, Chennai - 600 035
3. Sub-Registrar Registration Department Sub Registrar Office, 15/17, Military Quarters Alandur, Chennai - 600 016 ... Respondents 1/7
Prayer: Review Petition filed under Order 47 Rule 1 of Civil Procedure Code read with Article 226 of the Constitution of India, to review the order made in W.P.No.28420 of 2023 dated 28.11.2023 so far it pertains to the direction to the Central Bureau of Investigation to investigate into the records maintained by the temple. For Petitioner : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For Respondents : No Appearance
ORDER
This Review Petition is filed to review the order made in W.P.No.28420 of 2023 dated 28.11.2023 so far it pertains to the direction to the Central Bureau of Investigation to investigate into the records maintained by the temple.
2. The case of the petitioner Temple is that, this Court, while passing the order in W.P.No.28420 of 2023, since the original documents or records were unable to produc by the templ authority concerned, this Court passed by order dated 28.11.2023, gave a direction to the Central Bureau of Investigation, Chennai, to register a case and to conduct an enquiry 2/7
about the properties that belong to the Temple and also erring officials with regard to the maintenance of the Temple properties as follows; 9.
Before parting with this case, it is to be noted that since the respondents have not properly respondend to this Court and they are not even able to produce the original documents or records, this Court is of the view that the Temple Authority concerned had not followed the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, for maintaining the register of the Temple property and for safeguarding the property of the Temple.
Therefore, it is appropriate now to give direction to the Director of Central Bureau of Investigation, Chennai to register a case and conduct an enquiry about the properties that belong to the Temple and also who are all the erring officials with regard to the maintenance of the Temple properties, and if there is any alienation by the Trustees or Officials with regard to the Temple property, and if anybody was allowed by any Officials or Trustees in their knowledge, or the Temple authorities allowed any third parties encroached the property or not, they prevented anybody for not taking any action to remove the encroachments, and for not conducting the enquiry and to file a report.
months from the date of receipt of a copy of this order.
Against the said direction, the Temple has filed the present review application.
3. The Special Government Pleader (HR & CE) appearing for the review petitioner, stated that the review petitioner has filed a memo dated 25.03.2024 stating that against the erred officials, action has been taken and they also undertook that they will take care of the temple properties vigilantly.
4. Though the respondents were served and their names are printed in the cause list, non appeared on behalf of the respondents.
5. In view of the action taken against the erring officials and also the undertaking given by the review petitioner that they will take care of the temple properties vigilantly, the observations made and directions given by this Court in paragraph No.9 in W.P.No.28420 of 2023 dated 28.11.2023, is hereby struk of.
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6. Accordingly, the Review application is disposed of. No costs. 25.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 5/7
To
1. District Registrar District Registrar (Administrative) Office South Chennai Combined Commercial Tax and Registration Department Office (Ground Floor) Nandhanam, Chennai - 600 035
2. Sub-Registrar Registration Department Sub Registrar Office 15/17, Military Quarters Alandur, Chennai - 600 016 Copy to:
The Central Bureau of Investigation Economic Offences Wing Rajaji Bhavan Complex Tiruvalluvar Nagar, Besant Nagar Chennai - 600 090 6/7
P.VELMURUGAN. J.
Ksa-2 25.03.2024 7/7