P.Ramar, S/O.Paulsamy, v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.13363 of 2017 P.Ramar ... Petitioner -vs1.
The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Santhome, Chennai.
2.
The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, K.K.Nagar, Madurai.
3.
The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Dindigul.
4.
The Executive Officer, Arulmighu Sri Kambaraiyaperumal and Kasivisvanatha Thirukovil,Cumbum ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's application dated 14.07.2017 for allotment of plot in Survey No.857 to an extent of 391 sq.feet in Varatharajapuram East Street, Cumbum, Uthamapalayam Taluk, Theni District, which is belong to the Arulmigu Sri Kambaraiyaperumal and Kasivisvanatha Thirukovil, Cumbum. For Petitioner: Mr.K.Prabakaran For R1 to R3 : Mr.J.Gunaseelan Muthiah Govt. Advocate For R4 : Mr.N.Karuppasamy Pandian *****
O R D E R
This Writ Petition has been filed, seeking a direction to the 2nd respondent to consider the petitioner's application dated 14.07.2017 for allotment of plot in Survey No.857 to an extent of 391 sq.feet in Varatharajapuram East Street, Cumbum, Uthamapalayam Taluk, Theni District, which belongs to the Arulmigu Sri Kambaraiyaperumal and Kasivisvanatha Thirukovil Cumbum.
2. Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3
and the learned Counsel for R4. By consent, the writ petition is taken up for final disposal at the time of admission itself.
3. The case of the petitioner is that he has been residing in the house bearing D.No.49/19, Varatharajapuram East Street, Cumbum, Uthamapalayam Taluk, Theni District for the past 11 years and the said property belongs to the fourth respondent Temple. The said house was originally rented to one M.Subramaniyam and even after the petitioner's subsequent occupation, the rent is being collected only in the name of Subramaniyam, inspite of his repeated requests to change the name of the tenant. While so, the 2nd respondent issued a notice dated 17.10.2013 to the petitioner, directing him to vacate the said house on account of non existence of rental agreement in his name. Consequent thereof, the petitioner submitted a representation dated 14.07.2017 to the respondents 2 and 4 for allotment of the house in his name on sympathetic ground. Since there is no positive response on his representation, the petitioner is before this Court with the above prayer.
4. The learned Government Advocate appearing for the respondents 1 to 3 has submitted that if a reasonable time is granted by this Court, the representation of the petitioner will be considered and necessary orders passed.
5. In view of the above, this Court, without going into the merits of the claim, directs the 2nd respondent to consider the representation of the petitioner dated 14.07.2017 and dispose of the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB ASSISTANT REGISTRAR To:
1.
The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Santhome, Chennai.
2.
The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, K.K.Nagar, Madurai.
3.
The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Dindigul.
4.
The Executive Officer, Arulmighu Sri Kambaraiyaperumal and Kasivisvanatha Thirukovil,Cumbum +1 CC TO MR.K.PRABAKARAN, ADVOCATE,SR NO.66391 +1 CC TO THE SPECIAL GOVERNMENT PLEADER SR NO.66973 ar/rm MAS/SKN-RSK/SAR2:01.08.2017:3P-7C W.P(MD) No.13363 of 2017 19.07.2017