Perumal v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2022 THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN Perumal

...Petitioner

Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar.

4. B.Gobalraja

5. Arulmighu Soudambigaiamman (Soundiamman) Temple, Arachipatti, Srivilliputtur through its Hereditary Trustee, The President of Devangar Chettiyar Community

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus against the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the land and buildings therein for an extent of 23,803 Sq.ft situated at Virudhunagar District, Srivilliputtur Town, Perumalpatti, Pillaimar East Street, Town Survey Ward No.3, Town Survey No.2859/2B belongs to the Arulmighu Soudambigaiamman (Soundiamman) Temple, Arachipatti, Srivilliputtur by considering the petitioner's representation, dated 16.03.2020. For Petitioner : Mr.K.Sudalaiyandi For Respondents 1 to 3 : Mr.P.Subbaraj, Spl. Government Pleader 1/3

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the land and buildings therein for an extent of 23,803 Sq.ft situated at Virudhunagar District, Srivilliputtur Town, Perumalpatti, Pillaimar East Street, Town Survey Ward No.3, Town Survey No.2859/2B belongs to the Arulmighu Soudambigaiamman (Soundiamman) Temple, Arachipatti, Srivilliputtur by considering the petitioner's representation, dated 16.03.2020.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the respondents have already initiated action vide proceedings in Na.Ka.No.903/2020/Aa3, dated 24.07.2020, fixing the date of enquiry as 3.8.2020. But so far, the enquiry is not completed and no order is passed. The learned Special Government Pleader further requested a time frame to be fixed for completing the enquiry.

4.Accordingly, six weeks time is granted to the respondents 1 to 3 to complete the enquiry and to pass appropriate orders. 5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar.

+1 CC to M/s.K.SUDALAIYANDI, Advocate (SR-4334[F] dated 04/02/2022 ) +1 CC to M/s.SPL.GP ( SR-4535[F] dated 07/02/2022 ) ORDER MADE IN 04.02.2022 PKP/22.02.2022/3P/6C 3/3