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Madras High CourtWP(MD)/2518/2018disposed of

Chinnakannu v. The Commissioner

2020-09-09Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Chinnakannu ... Petitioner Vs.

1.The Commissioner, Chennai.

2.The Joint Commissioner, Tiruchirappalli.

3.The Assistant Commissioner, Pudukottai.

4.Ramesh ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to initiate appropriate action based on the petitioner's representation dated 21.08.2017 against the fourth respondent and to bring the Arulmigu Sri Elathukaliamman Temple, Eraiyamangalam, Pudukottai District under the control of Hindu Religious and Chartiable Endowment Department. For Petitioner : Mr.A.Jayaramachandran For RR 1 to 3 : Mr.K.P.Narayanakumar Special Government Pleader For R - 4 : Mr.C.S.Ravichandran

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the respondents to consider his representation dated 21.08.2017 within the time frame stipulated by this Court.

2.According to the petitioner, he made a complaint dated 30.08.2017 before the Joint Commissioner to initiate appropriate action against the fourth respondent and to bring the Arulmigu Sri Elathukaliamman Temple, Eraiyamangalam, Pudukottai District under the control of Hindu Religious and Chartiable Endowment 1/3

Department. Based on the said complaint, the second respondent directed the petitioner to approach the third respondent for taking necessary action. The third respondent, on receipt of the complaint from the petitioner, informed the petitioner that necessary steps have been taken based on the complaint of the petitioner. Thereafter, the petitioner made another representation dated 27.11.2017 to the respondents. Since no action has been taken on the side of the respondents 1 to 3, the petitioner has filed the present Writ Petition.

3.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner's representation dated 21.08.2017 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 4.In view of the submission made by the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the representation of the petitioner dated 27.11.2017 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and other interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ps Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Commissioner, Chennai.

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2.The Joint Commissioner, Tiruchirappalli.

3.The Assistant Commissioner, Pudukottai.

+1 CC to SGP ( SR-16502[F] dated 10/09/2020 ) +1 CC to Mr.C.S. RAVICHANDRAN, Advocate ( SR-16602[F] dated 11/09/2020 ) Order made in Dated:

09.09.2020 KM (16.09.2020) 3P 6C 3/3