N.Gunasekaran v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8321 of 2017 N.Gunasekaran : Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, 3.The District Collector, Thanjavur, 4.The Revenue Divisional Officer, Pattukottai, 5.The Tahsildar, Pattukottai, 6.Arivalagan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 2 to consider and pass appropriate orders on my representation dated 16.02.2017 with regard to bringing the temples viz., the Arulmigu Nallakathayee Amman Temple and Arulmighu Veeranar Temple and other deities situated at S.No.155/9 at Mannangadu, Pattukottai Taluk, Thanjavur District under the administration and maintenance of HR and CE Department.

For Petitioner : Mr.B.S.Meltiue For R1 to R5 : Mr.M.Govindan, Special Government Pleader For Respondent No.6 : Mrs.K.Mahalakshmi *********

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner has come up with a grievance that the sixth respondent took control of the Village Temple and is preventing the Villagers from worshipping and participating in the Temple festival. According to the petitioner, the sixth respondent and his men took possession of a portion of the land belonging to the Government Middle School and constructed a kitchen and Dining Hall.

2. The affidavit filed in support of the Writ Petition indicates that the appropriate authority to consider the matter is the Joint Commissioner, Hindu Religious and Charitable Endowments Department.

3. We direct the Tahsildar, Pattukkottai, Thanjavur District, to inspect the offending construction by encroaching upon the land adjacent to the Government Middle School, Mannangadu, after issuing notice to the sixth respondent and other encroachers, if any, and take appropriate action for removal of encroachment.

4. The petitioner is given liberty to submit a comprehensive representation to the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, to redress his grievances. In case any such representation is given, the same shall be considered and disposed of by the Joint Commissioner on merits and in accordance with law, as expeditiously as possible and in any case, within a period of three months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, 3.The District Collector, Thanjavur,

4.The Revenue Divisional Officer, Pattukottai, 5.The Tahsildar, Pattukottai, +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.68965 Akv/sml JS/KK/SAR.2/1.9.2017/3P-7C Order made in W.P.(MD)No.8321 of 2017 Dated:27.07.2017