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Madras High CourtWP/27217/2018disposed of

S.K.Varadarajan v. The Collector Of Thiruvallur

2018-11-09Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27217 of 2018 and W.M.P.No.31647 of 2018

1. S.K.Varadarajan

2. K. Subramani, Ex-Secretary, Arulmigu Muneeswarar Angala Eswari Temple, Padianallur, No.5/61, Teacher Street, M.A.Nagar, Chennai - 600 052.

3. P.C. Gunalan alias Sivaprakasam, Ex-Auditor, Arulmigu Muneeswarar Angala Eswari Temple, Padianallur, No.4/52, Sanjay Gandhi Street, M.A.Nagar, Chennai - 600 052.

4. L. Jagannathan ... Petitioners

Versus

1. The Collector of Thiruvallur, Thiruvallur.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

3. The Revenue Divisional Officer, Ponneri, Thiruvallur District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, C.V. Naidu First Cross Street, Thiruvallur - 602 001.

5. The Assistant Commissioner of Police, GNT Road, Puzhal, Chennai - 600 066. *

6. The Inspector of Police, (Law and Order), (M-4 GNT Road, Redhills, Chennai - 600 052. *

7. S. Manogaran ** ... Respondents * (RR5 & 6 are impleaded vide order dated 09.11.2018 in WMP No.33304 of 2018 in WP.No. 27217/2018) **(R7 is impleaded vide order dated 09.11.2018 in WMP No.32888 of 2018 in WP.No.27217/2018) Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 4 herein to consider and dispose of the petition dated 21.08.2018, submitted to the respondents 1 to 4 herein, on merits forthwith or within the time as may be fix by this Hon'ble Court. For Petitioners :

Mr.S.Syed Basha For RR1,3,5 & 6 :

Mr.V.Shanmuga Sundar Special Government Pleader For RR2 & 4 :

Mr.M.Maharaja Special Government Pleader (HR & CE) For R7 :

Mr.G.Govarthanan

O R D E R

The petitioners, who claim to be repatriates and successors from Burma, has filed this writ petition seeking for issuance of writ of mandamus to direct the respondents 1 to 4 to consider and dispose of the petition dated 21.08.2018, submitted to the respondents 1 to 4 on merits.

2. It is stated that they had constructed a temple called "Arulmigu Muneeswarar Angala Eswari Temple" situated at No.18, Burma Nagar, Padianallur Village, Redhills, Chennai. According to them, the temple is the private and denomination temple. However, the suit is being filed in O.S.No.112 of 2010 before the District Munsif Court, Ponneri for declaration that the temple is a denominational temple, which was dismissed on 12.08.2013. It is now stated that an appeal was filed before the Sub Court, Ponneri and the same is pending. There was an attempt by some people to construct an air conditioned Kalyana Mandapam in the temple premises. The apprehension of the petitioner is that the people totally unconnected with the temple in the name of devotees are collecting huge sums from the public for

construction. Hence, a representation was given by the petitioners to the Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department to consider their grievances and also to stop construction of the said Kalyana Mandapam immediately. The said petition is also pending before the official respondents.

3. The learned counsel appearing for the petitioner contended that the construction, which was commenced, is now stopped and also demolished. Therefore, as on date, there is no construction. The only thing that remains is the representation of the petitioners dated 21.08.2018 before the respondents 1 to 4 has to be considered and orders have to be passed on merits.

4. Accordingly, the respondents 1 to 4 are directed to consider the representation dated 21.08.2018, after giving notice to the petitioners and the persons interested in this regard and affording them an opportunity of personal hearing, pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi/ssr To 1.The Collector of Thiruvallur, Thiruvallur.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai -34.

3.The Revenue Divisional office, Ponneri, Thiruvallur District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, C.V.Naidu First Cross Street, Thiruvallur - 602001.

R5.The Assistant Commissioner of Police, GNT Road, Puzhal.

R6.The Inspector of Police (Law & order) M-4, GNT Road, Redhills, Chennai - 600 052.

+1cc to the Spl.Government Pleader (HR & CE),S.R.No. 77092 +1cc to the Government Pleader,S.R.No.77452.

W.P.No.27217 of 2018 and W.M.P.No.31647 of 2018 SPD(CO) rrs 10/12/2018