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Madras High CourtWP/29822/2018disposed of

Hansraj Bothra v. The Secretary,

2019-02-25Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.29822 of 2018 and W.M.P.Nos.34805 & 34807 of 2018 Hansraj Bothra ... Petitioner Vs

1. The Secretary, Tourism Culture & Religious Endowments Department, Secretariat, Fort St.George, Chennai - 600009.

2. The Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

3. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

4. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

5. The Executive Officer, Arulmigu Kalyana Varadaraja Perumal Temple, Thiruvottiyur, Chennai 19.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 4th and 5th respondents to immediately remove the seal to the premises comprised in Survey Nos.144/4, 147/3, 146/8B bearing Plot No.27 & 28, Ernavur Village bearing Door No.1, 10th Street, Jothi Nagar, Thiruvotriyur, Chennai - 19.

For Petitioner : Mr.V.Srikanth For Respondents : Mr.M.Maharaja Special Government Pleader for R1 to R4 Mr.S.D.Ramalingam for R5

O R D E R

The petitioner seeks for the following relief: To direct the 4th and 5th respondents to immediately remove the seal to the premises comprised in Survey Nos.144/4, 147/3, 146/8B bearing Plot No.27 & 28, Ernavur Village bearing Door No.1, 10th Street, Jothi Nagar, Thiruvotriyur, Chennai - 19.

2. It is seen that this Court, by way of an interim order dated 13.11.2018, directed the petitioner to appear before the Committee and arrive at a monthly rent payable.

3. The learned counsel appearing for the petitioner submitted that the petitioner has already appeared before the third respondent-Joint Commissioner, HR & CE Department.

4. Mr.M.Maharaja, learned Special Government Pleader appearing for 1st to 4th respondents also submitted that the petitioner has already appeared before the third respondent and therefore, the third respondent would pass appropriate orders on merits and in accordance with law within the time stipulated by this Court.

5. Accordingly, without expressing any view on the merits of the matter, this writ petition is disposed of, only by directing the third respondent to pass orders touching upon the subject matter in issue within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

sni/mk To

1. The Secretary, Tourism Culture & Religious Endowments Department, Secretariat, Fort St.George, Chennai - 600009.

2. The Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

3. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

4. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

5. The Executive Officer, Arulmigu Kalyana Varadaraja Perumal Temple, Thiruvottiyur, Chennai 19.

+1cc to the Special Government Pleader Sr.17817, 18961 W.P.No.29822 of 2018 srg 19/03/2019