S.Saravanan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Saravanan ... Petitioner vs.

1.The Commissioner, Nungambakkam High Road, Chennai.

2.The Joint Commissioner, Madurai Circle, Ellis Nagar, Madurai - 625 016.

3.The Assistant Commissioner, Pin : 626 001.

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4.The Inspector, 5.The Administrator/President, M/s.Devangar Mahazana Sabai, No.3/90, South Street, Sankaralingapuram Post, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment on the temple lands comprising in Survey Nos.907, 908, 928 and 953 and its sub-divisions situated at Sree Sowtambigai and Sree Sankaramurthy Vinayagar Temple, Sankaralingapuram Village, Ondipuli nayakkanoor Revenue, Virudhunagar Taluk and District by considering the petitioner's representation sent to the respondents 1 to 4 dated 14.10.2024, within the time frame as fixed by this Court .

For Petitioner : Mr.L.Prabhu For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader 2/6

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Even though a larger relief has been sought for by the petitioner to direct the respondents 1 to 4 to remove the encroachment on the temple lands comprising in Survey Nos.907, 908, 928 and 953 and its sub-divisions situated at Sree Sowtambigai and Sree Sankaramurthy Vinayagar Temple, Sankaralingapuram Village, Ondipuli nayakkanoor Revenue, Virudhunagar Taluk and District, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 4 to consider the representation of the petitioner dated 14.10.2024 and to pass appropriate orders, in accordance with law within a time frame.

2.Considering the limited relief sought for by the petitioner, notice to the fifth respondent is dispensed with.

3.The learned Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner will be considered on merits.

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4.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents 1 to 4, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the respondents 1 to 4 to consider the representation submitted by the petitioner dated 14.10.2024, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner, as well as other persons, who may be affected with the final decision to be taken on the said representation, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [L.V.G.,J.] 10.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Commissioner, Nungambakkam High Road, Chennai.

2.The Joint Commissioner, Madurai Circle, Ellis Nagar, Madurai - 625 016.

3.The Assistant Commissioner, Pin : 626 001.

4.The Inspector, 5.The Administrator/President, M/s.Devangar Mahazana Sabai, No.3/90, South Street, Sankaralingapuram Post, 5/6

J.NISHA BANU , J.

and L.VICTORIA GOWRI, J.

ps ORDER MADE IN DATED : 10.02.2025 6/6