Madras High CourtWP(MD)/8760/2021disposed of

Bharath.D.R.S. v. The Secretary

2021-04-29Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD).No.6589 of 2021 D.R.S.Bharath

...Petitioner

Vs.

1.The Secretary Hindu Religious and Charitable Endowment Department Tamil Nadu Government Fort St.George Chennai 600 009 2.The Commissioner Hindu Religious and Charitable Endowment Department No.119, Nungambakkam High Road Chennai 600 034 3.The Joint Commissioner Hindu Religious and Charitable Endowment Department Division at Tiruchirappalli 005 4.The District Collector Karur, Karur District 639 007 5.The District Revenue Officer Collectorate, Karur 639 007 6.The Revenue Divisional Officer Karur, Karur District 7.The Tahsildar Manmangalam Taluk Karur District 8.The Executive Officer Arulmigu Balasubramaniasamy Thirukoil Vennaimalai 639 006 Manmangalam Taluk Karur District ... Respondents 1/4

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to consider the petitioner's request under Section 34 of the Hindu Religious and Charitable Endowment Act in the light of the order passed by this Hon'ble High Court in W.P(MD).No.64 of 2018 vide it's order dated 23.10.2019 and on the basis of the petitioner's representation dated 10.03.2021. For Petitioner : Mr.S.Sathya Chidambaram For m/s.My Lord Law Associates For R1 to R8 : Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This Writ Petition has been filed for issue of Writ of Mandamus, directing the second respondent to consider the representation made by the petitioner on 10.03.2021 wherein the petitioner has requested the second respondent to pass orders in the light of Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowment Act.

2.Heard Mr.S.Sathya Chidambaram, learned counsel appearing for the petitioner and Mr.K.P.Narayana Kumar, learned Special Government Pleader appearing for the respondents.

3. The learned Special Government Pleader appearing on behalf of the respondents submitted that the second respondent will consider the representation made by the petitioner and it will be left open to the second respondent even to consider the status of the petitioner as a tenant and pass appropriate orders.

4. In the considered view of this Court, the Hon'ble Division Bench of this Court while passing orders in W.P.(MD).No.64 of 2018, dated 23.10.2019 has set out various guidelines at paragraph No.36 of the Judgment. Therefore, the second respondent will take into consideration these guidelines while considering the representation made by the petitioner. There is nothing more to add in this order except to direct the second respondent to consider the representation made by the petitioner on 10.03.2021 in the light of the guidelines given by the Hon'ble Division Bench in W.P.(MD).No.64 of 2018 and take a decision within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

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6.This Writ Petition stands disposed of with the above directions.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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 Secretary Hindu Religious and Charitable Endowment Department Tamil Nadu Government Fort St.George Chennai 600 009 2.The Commissioner Hindu Religious and Charitable Endowment Department No.119, Nungambakkam High Road Chennai 600 034 3.The Joint Commissioner Hindu Religious and Charitable Endowment Department Division at Tiruchirappalli 005 4.The District Collector Karur, Karur District 639 007 5.The District Revenue Officer Collectorate, Karur 639 007 3/4

6.The Revenue Divisional Officer Karur, Karur District 7.The Tahsildar Manmangalam Taluk Karur District +1 CC to M/s.GP ( SR-18441[F] dated 03/05/2021 ) Order made in and W.M.P(MD).No.6589 of 2021 Dated:

29.04.2021 KK(15.06.2021) 4P 9C 4/4