Senthilkumar. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA R.Senthilkumar ... Petitioner vs.

1.The District Collector, O/o.the District Collector, Thiruchirappali.

2.The Commissioner, Hindu Religious Charitable and Endowment Board, 119, Uthamar Gandhi Road, Thousand light area, West Nungambakkam, Chennai.

3.The District Revenue Officer, O/o.The District Revenue Officer, Collector Office Campus, Thiruchirapalli.

4.The Joint Commissioner, Hindu Religious Charitable and Endowment Board, Thiruvanaikoil, Thiruchirapalli. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 to 4 to 1/5

conclude the proceedings in Na.Ka.No.57489/2023/Aar.3 dated 28.08.2023 on the file of the second respondents based of the petitioner's complaint dated 18.07.2023 within a stipulated time. For Petitioner :

Mr.P.Vetrivel For Respondents :

Mr.P.T.Thiraviyam, Government Advocate

O R D E R

Heard Mr.P.Vetrivel, learned counsel appearing for the petitioner and Mr.P.T.Thiraviyam, learned Government Advocate appearing for the respondents.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the respondents 2 to 4 to conclude the proceedings in Na.Ka.No.57489/2023/Aar.3 dated 28.08.2023 on the file of the second respondent based of his complaint dated 18.07.2023 within a stipulated time.

3. Mr.P.Vetrivel, learned counsel appearing for the petitioner submitted that the petitioner has given a representation to the respondents 2/5

2 to 4 seeking immediate action for grabbing of Temple properties by some private persons. It is his submission that though action has been initiated, so far, no orders have been passed.

4. Mr.P.T.Thiraviyam, learned Government Advocate appearing for the respondents, on instructions, submitted that the Pattas which have been effected in the names of the individuals have been re-transferred in the name of Hindu Religious Charitable and Endowment Board and nothing remains to be considered on the complaint given by the petitioner.

5. However, the learned counsel for the petitioner insisted that Pattas have not been re-transferred in the name of Temple.

6. If the petitioner still considers that the properties belonging to the Temple is being transferred in the names of the private individuals, then the only course open to him is to file a Public Interest Litigation and not seeking a direction by way of a writ petition of the present nature and 3/5

that too, when the learned counsel for HR & CE, on instructions, has stated that the re-transfer of Patta has been effected in the name of the Temple and completed.

7. With the observations, the writ petition is disposed of. No costs.

25.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The District Collector, O/o.the District Collector, Thiruchirappali.

2.The Commissioner, Hindu Religious Charitable and Endowment Board, 119, Uthamar Gandhi Road, Thousand light area, West Nungambakkam, Chennai.

3.The District Revenue Officer, O/o.The District Revenue Officer, Collector Office Campus, Thiruchirapalli.

4.The Joint Commissioner, Hindu Religious Charitable and Endowment Board, Thiruvanaikoil, Thiruchirapalli.

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R.N.MANJULA, J.

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