Viswanathan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and W.M.P.(MD).No.7272 of 2022 Viswanathan ... Petitioner vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Koil, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Malaikottai, Trichy.

3.The Thasildar, Thuraiyur Taluk, Trichy District.

4.The Inspector of Police, Thuraiyur Taluk, Trichy District.

5.Subbaru @ Balasubramani 6.Vaithi 7.Nallamuthu 8.Ramesh 9.Annadurai 10.Sakthivel 11.Radhakrishnan 12.Balakrishnan 13.Vijayakumar 14.Ramesh ... Respondents 1/3

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to take action on the petitioner's representation dated 23.02.2022 and conduct enquiry and act in accordance with law.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.R.A.Ramachandran 1 to 4 Additional Government Pleader For Respondents : Mr.K.Arunraj 5 to 14

O R D E R

Regarding the temple dispute among the petitioner and the private respondents, the petitioner has given a representation on 02.05.2022 to the respondents especially the second respondent that is the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Malaikottai, Trichy, to amicably settle the issue by passing an order on the representation of the petitioner. However, since the same has not been considered and orders have not been passed, the petitioner has moved this writ petition.

2. Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner, Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for the respondents 1 to 4, who on instructions would submit that, the said request of the petitioner would be considered, after giving an opportunity of hearing to both the petitioner as well as the rival claimants, who are the private respondents in this writ petition and accordingly an order can be passed amicably settling the issue which includes appointment of the special officer also in this regard.

3. Heard Mr.K.Arunraj, learned counsel appearing for the private respondents, who submitted that they would cooperate with the second respondent in deciding the issue, as per the request of the petitioner dated 02.05.2022.

4.Recording the submission, a direction is given to the second respondent to take up the petitioner's representation dated 02.05.2022 and take a decision amicably settling the issue among the petitioner and the private respondents, in accordance with law and pass orders at the earliest preferably before 03.06.2022, on this issue.

5. With these directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Vacation Officer // True Copy // 28/05/2022 Sub Assistant Registrar(CS) akv/vsg 2/3

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Koil, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Malaikottai, Trichy.

3.The Thasildar, Thuraiyur Taluk, Trichy District.

4.The Inspector of Police, Thuraiyur Taluk, Trichy District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

and W.M.P.(MD).No.7272 of 2022 27.05.2022 MGJ(28.05.2022) 3P 6C 3/3