Udhayakumar v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Udhayakumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Dindigul Revenue Division, Dindigul.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Trust, Dindigul.

3.The Executive Officer, As Incharge of Kailasanathar Temple, Natham Taluk, Natham, Dindigul District.

4.The Tahsildar, Natham Taluk, Natham, Dindigul District.

5.The Inspector of Police, Natham Police Station, Natham, Dindigul.

6.Saravanan @ Saravanamuthu(Poosari) ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to conduct enquiry and pass appropriate orders on the basis of petitioner's representation dated 25.03.2022. For Petitioner : Mr.K.Arunraj For R1,R2, R4 & R5 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.C.Guhaseelarupan For R6 : Mr.R.G.Shankar Ganesh

ORDER

The petitioner has rushed to this Court immediately after securing favourable order on 18.03.2022 in W.P.(MD).No.21077 of 2019. The prayer of the aforesaid writ petition reads as under: 1/3

"The said writ petition was filed for a writ of Mandamus to direct the respondents 5 and 6 to appoint a fit person or an adhoc committee for management of the Arulmigu Mahalakshmi Amman Temple, Sendurai, Natham Taluk, Dindigul District, till a proper scheme is framed/suitable trustee is appointed and further direct suitable action to be taken against the respondents 8 and 9 with respect to the sale of the temple lands by them and to secure the properties in S.No.345/1A, 345/1B, 345/1C, 346/2 and 353/2 of Senthurai Village, Natham Taluk, Dindigul District from the private respondents and also for a further direction to respondents 1 to 4 to restore the revenue records of the properties in the name of the Arulmighu Mahalakshmi Amman Temple, Senthurai within a siipulated time in accordance with law."

2. The present writ petition has been filed for the above relief:

It is the case of the petitioner that the sixth respondent, who was removed as the Hereditary Trustee on 15.03.2016 had alienated the temple property and now the second respondent has appointed the sixth respondent's wife as a Hereditary Trustee on 15.03.2016. It is further submitted that in connection with the temple festival, attempts have been made by the sixth respondent's wife to claim special previlage if of the temple belongs to her family. Therefore, the writ petition has been filed for a wirt of Mandamus.

3. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1, 2, 4 and 6 and the learned counsel for the respondents 3 and 6.

4. This writ petition stands disposed of at the time of admission without expressing any opinion on the merits of the case as no advers orders are passed against any of the authorities in this writ petition in the light of the order passed in W.P.(MD). No.21077 of 2019. The Hindu Religious and Charitable Endowments Department is directed to comply with the directions of this Court issued in W.P.(MD).No.21077 of 2019 and shall pass appropriate orders within a period of six weeks from the date of receipt of copy of this order after completing the enquiry. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 2/3

To 1.The Revenue Divisional Officer, Dindigul Revenue Division, Dindigul.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Trust, Dindigul.

3.The Executive Officer, As Incharge of Kailasanathar Temple, Natham Taluk, Natham, Dindigul District.

4.The Tahsildar, Natham Taluk, Natham, Dindigul District.

5.The Inspector of Police, Natham Police Station, Natham, Dindigul.

+1 CC to M/s.C. GUHASEELARUPAN, Advocate ( SR-17549[F] dated 08/04/2022 ) +1 CC to M/s.K. ARUN RAJ, Advocate ( SR-17821[F] dated 11/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17837[F] dated 11/04/2022 ) 08.04.2022 RK(20/04/2022) 3P 9C 3/3