Senthil Kumar.S v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.04.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.8128 of 2022 and W.M.P(MD).No.6054 of 2022 S.Senthikumar ... Petitioner Vs.
1.The Commissioner, Department of Hindu Religious and Charitable Endowments, The State of Tamil Nadu, Chennai.
2.The Commissioner, Department of Revenue Administration, The State of Tamil Nadu, Chennai.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments, Palyamkottai, Tirunelveli District.
5.The Thasildar, Palayamkottai Taluk, Tirunelveli District.
6.K.A.Murugappan 7.Thaiyalnayagi 8.K.A.Shanmugavel 9.K.A.Suramaniyan 10.K.A.Bingalanesan 11.K.A.Thaiyalnayagi 1/3
12.V.Nugavendhan 13.Mathan Kumar 14.Senthilnathan 15.Sakila
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents 1 to 4 to initiate appropriate action against the respondents 6 to 15 for illegal alienation of the temple properties namely Arulmigu Kasiviswanathar Temple, Arunachalaswarar Temple, Balavesagarayan Temple, situated at Vijayaragava Mudaliyarsathram Village, Palayamkottai Taluk, Tirunelveli District and consequently direct respondents1 to 4 to retrieve the possession of the temple properties in S.F.Nos. 15/2, 15/3, 15/4, 15/7 and 15/10 New town survey No.28 to an extent of 7 acre and 35 cents situated at Vijayaragava Mudaliyarsathram Village, Palayamkottai Taluk, Tirunelveli District by appointing fit person forthwith based upon the petitioner's representation dated 29.01.2022. For Petitioner : Mr.S.Gokul Raj For R1 to R5 : Mr.P.Subbaraj Special Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 5.
2. The allegation that the private respondents, namely, 6 to 15 have sold the land to the temple needs to be considered by the first respondent in terms of the representation of the petitioner dated 29.01.2022.
3. The learned Special Government Pleader for the respondents 1 to 5 submits that the said representation will be considered and appropriate orders will be passed by the first respondent within a period of three months from the date of receipt of copy of this order.
4. Recording the above submission, this writ petition stands disposed of at the time of admission by dispensing with notice to the official respondent, namely, the 5th respondent and the private respondents 6 to 15, who have allegedly sold the temple land as no adverse orders proposed to be passed in this order at this stage. It is needless to state that before passing any such order, notice 2/3
shall be issued to the private respondents 6 to 15. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Commissioner, Department of Hindu Religious and Charitable Endowments, The State of Tamil Nadu, Chennai.
2.The Commissioner, Department of Revenue Administration, The State of Tamil Nadu, Chennai.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments, Palyamkottai, Tirunelveli District.
5.The Thasildar, Palayamkottai Taluk, Tirunelveli District.
+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-21636[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GOVERNMENT PLEADER ( SR-21857[F] dated 27/04/2022 ) W.P(MD).No.8128 of 2022 and W.M.P(MD).No.6054 of 2022 26.04.2022 SP/11/05/2022/3P/8C 3/3