R.Gunasekaran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.28856 of 2018 R.Gunasekaran
...Petitioner
Vs.
1.The Commissioner Hindu Religious and Charitable Endowments No.119, Mahatma Gandhi High Road Nungambakkam, Chennai 600 034.
2.The Joint Commissioner Hindu Religious and Charitable Endowments No.119, Mahatma Gandhi High Road Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner Hindu Religious and Charitable Endowments No.119, Mahatma Gandhi High Road, Nungambakkam, Chennai 600 034.
4.The Executive Officer Arulmigu Mangali Amman Temple Parangimalai Chennai 600 016.
5.J.Jawahar Ali 6.The Thasildar, St.Thomas Mount, Chennai-600 016.
(R6 impleaded vide order dated 11.03.2020 made in WMP.No.34604/2019 in W.P.No.28856/2018 by ASMJ)
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to take action against the fifth respondent his men, agent, servant and anyone claiming under or through him to recover the temple lands comprised in Survey No.1909, measuring an extent of 36695 in Parangimalai/St.Thomas Mount Village, Alandur Taluk, Kanchipuram District in the tuen with the directions given
passed by this Court in W.P.(MD).No.14428 of 2017 by considering the petitioner's representation dated 11.10.2017. For Petitioner : Mr.R.Chandrasudan For Respondent : Mrs.A.B.Reehana Begum for R1 to R3 Government Advocate (HR & CE) Mr.A.K.Sriram for R4 for M/s.A.S.Kailasam and Associates Mr.Rajarajan for Mr.N.Sathiyamoorthy for R5 Mr.R.P.Prathap Singh for R6 Government Advocate
ORDER
The petitioner has sought a mandamus directing the officials of the HR & CE Department/R3 as well as the Executive Officer of the Arulmighu Mangali Amman Temple, Parangimalai (Temple) to take action against the 5th respondent and to recover temple lands comprised in S.No. No.1909, admeasuring 36,695 sq.ft. in Parangimalai/St.Thomas Mount Village, Alandur Taluk, Kanchipuram District in line with the directions issued by a learned single Judge sitting in the Madurai Bench of this Court in W.P.(MD) No.14428 of 2017. Representations are also filed by him periodically which, according to him, have yielded no effect. Hence, the present Writ Petition has been filed.
2. Today, learned counsel for the petitioner would state that orders have been passed on 19.12.2020 as against 11 persons including the 5th respondent in terms of Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 directing eviction. The 5th respondent has challenged the proceedings by way of a Civil Suit.
3. In the light of the aforesaid, the prayer for mandamus, vis-à-vis, R5 stands achieved and recording the aforesaid, this Writ Petition is closed. Section 78 proceedings will continue as against the other persons covered under order dated 19.12.2020, in accordance with law, and be completed as expeditiously as possible. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
sl 1.The Commissioner Hindu Religious and Charitable Endowments No.119, Mahatma Gandhi High Road Nungambakkam, Chennai 600 034.
2.The Joint Commissioner Hindu Religious and Charitable Endowments No.119, Mahatma Gandhi High Road Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner Hindu Religious and Charitable Endowments No.119, Mahatma Gandhi High Road, Nungambakkam, Chennai 600 034.
4.The Executive Officer Arulmigu Mangali Amman Temple Parangimalai Chennai 600 016.
5.The Thasildar, St.Thomas Mount, Chennai-600 016.
+1cc to M/s.A.S.Kailasam, Advocate SR.3930 +1cc to the Government Pleader SR.4218 +1cc to the Spl Government Pleader(HR & CE) SR.4468 W.P. No.28856 of 2018 AJS(CO) CB(17/02/2021)