Vairamuthu Chettiyar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.08.2024
CORAM
THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)No.7027 of 2024 Vairamuthu Chettiyar ... Petitioner Vs.
1.The Commissioner, Hindu Religious Charitable and Endowment Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 0034.
2.The Joint Commissioner, Hindu Religious Charitable and Endowment Department, Trippur.
3.The Assistant Commissioner, Hindu Religious Charitable and Endowment Department Karur, Karur District.
4.The Executive Officer, (Arulmigu Pambalamman Temple, Jayamkondan) Lakshmanampatti, Old Jayamkondan Post, Krishnarayapuram Taluk, Karur District -639 102.
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to remove the Name Flux Board and Cameras erected by them at the petitioner's family temple of "Arulmigu Pambalamman Thirukovil" situated in their patta land of bearing S.No.1172/1B, patta No.954 at Mahathanapuram South Revenue Village, Krishnarayapuram Taluk, Karur District. For Petitioner : Mr.R.Murugappan For R1toR3 : Mr.K.S.Selvaganesan, Addl. Government Pleader For R4 : No appearance
ORDER
A representation has been filed by the petitioner requesting the respondents to remove the Name Flux Board and Cameras erected by them at the petitioner's family temple of "Arulmigu Pambalamman Thirukovil" situated in their patta land of bearing
S.No.1172/1B, patta No.954 at Mahathanapuram South Revenue Village, Krishnarayapuram Taluk, Karur District. 2.The case of the petitioner is that property in S.No. 1172/1B, patta No.954, situated at Mahathanapuram South Revenue Village, Krishnarayapuram Taluk, Karur District, belongs to the petitioner's family, wherein a small Preedam-Temple called "Arulmigu Pambalamman Thirukovil". The respondents 1 to 4 have trespassed into the aforesaid land and put up Hundial, Gate, Small Room and Compound Wall and conducting temple festival. The writ petitions in W.P(MD)No.18428 of 2021 and W.P(MD)No.10792 of 2022 were filed before this Court and the same are pending. Even though the revenue records stand in the name of the petitioner's family, the respondents have put up name flux board, camera and are taking steps to conduct the religious function. Therefore, a representation dated 11.03.2024 was submitted to the respondents through registered post. Since no action has been taken, the present writ petition is filed.
3.When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1to 3 would submit that the representation of the petitioner would be considered and orders would be passed by the second respondent thereon in accordance with law, acceded to by the learned counsel for the petitioner.
4. In view of the same and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 11.03.2024, on its own merits and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to
consider the representation on its own merits and in accordance with law.
13.08.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Commissioner, Hindu Religious Charitable and Endowment Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 0034.
2.The Joint Commissioner, Hindu Religious Charitable and Endowment Department, Trippur.
3.The Assistant Commissioner, Hindu Religious Charitable and Endowment Department Karur, Karur District.
MOHAMMED SHAFFIQ, J.
Ns and W.M.P(MD)No.7027 of 2024 13.08.2024