Madras High CourtWP(MD)/2189/2025disposed of

A. Savithri v. The Assistant Commissioner

2025-01-27Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A.Savithri .. Petitioner Vs.

1.The Assistant Commissioner, O/o. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai District-602 001.

2.The Executive Officer, O/o. The Executive Officer, Arulmigu Kalahasthi Vinayar Temple, Hindu Religious and Charitable Endowment Office, Veeramakaliamman Temple, Aranthangi Taluk, Pudukottai District-614 616.

3.Prabhu .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to remove the encroachment of the 3rd respondent on the common pathway being used by the occupants of the said temple land in survey No.41/9 of Karavayal Village and restore the said common

pathway to its original state based on the representation dated 21.10.2024 of the petitioner.

For Petitioner :

Mr.T.Balakumaran For R1 :

Mr.P.Subbaraj Special Government Pleader For R2 :

Mr.G.Mathavan

ORDER

Heard Mr.T.Balakumaran, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the first respondent and Mr.G.Mathavan, learned counsel appearing on behalf of the second respondent.

2. Without going into the merits of the case raised by the petitioner as well as the respondents, considering the fact that a representation has been made by the petitioner as early as on 21.10.2024, there shall be a direction to the first respondent to consider the representation of the petitioner dated 21.10.2024, who shall after obtaining a report from the second respondent, take necessary steps, if required as per Section 78(1)

of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that while considering the representation, the first respondent shall afford an opportunity of hearing to the petitioner and any other interested persons.

3. With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.

27.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Assistant Commissioner, O/o. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai District-602 001.

K.KUMARESH BABU, J.

abr Dated: 27.01.2025