Madras High CourtWP(MD)/3470/2022disposed of

Baskar K v. The District Collector

2022-02-23Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.3470 of 2022 and W.M.P.(MD).No. 3041 of 2022 K.Baskar ... Petitioner Vs.

1.The District Collector, Podukottai District.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai.

3.The Executive Officer, Pudukottai Devasthanam, Near Victobe Temple, Pallavankulam, Vedakarai, Pudukottai ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorari, calling for the records pertaining to the impugned order passed by the 3rd Respondent in Na.Ka.No.109/2021P dated 22.07.2021 and quash the same.

For Petitioner : Mr.R. Balakrishnan For R1 & R2 : Mr.P.Subbaraj Special Government Pleader

ORDER

After hearing the learned counsel for the petitioner and the learned counsel for the respondents, this writ petition is disposed of at the time of admission without expressing any opinion on merits by directing the petitioner to file appropriate application before the first respondent to consider the petitioner's plea that Arulmigu Sri Malaiyakaruppar Temple situated in Survey No.152, Kovilpatti, Nathampannai Village, Pudukottai Taluk and Pudukottai District does not fall within the purview of the HR&CE Act in the light of the averments of the third respondent in O.S.No.276 of 1997, which was 1/3

pending before the District Munsif Court at Pudukottai. The petitioner may approach the first respondent within a period of fifteen days from the day of receipt of copy of this order and if such representation is given, the first respondent shall consider and pass orders as to whether the claim of the petitioner is correct or not. Needless to state before passing such order, the third respondent shall also be heard who appears to have issued notice dated 22.07.2021, tends to take action against the petitioner for not obtaining appropriate permission. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 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.

To 1.The District Collector, Podukottai District.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai.

3.The Executive Officer, Pudukottai Devasthanam, Near Victobe Temple, Pallavankulam, Vedakarai, Pudukottai.

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+1 CC to M/s.SPL GP ( SR-8348[F] dated 24/02/2022 ) ORDER MADE IN 23.02.2022 PP(12.03.2022) 3P 5C 3/3