Madras High Court
Sivagangai Samasthanam ... vs The Commissioner on 14 June, 2022
W.P.(MD) No.9150 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD) No.9150 of 2022
Sivagangai Samasthanam Devasthanam,
No.99, Old Palace Complex,
Sivagangai District,
Through its Manager, P.Ilango. ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowment Board,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Board,
Sivagangai, Sivagangai District.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Board,
Sivagangai, Sivagangai District. ... Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India to
issue a writ of Mandamus, directing the 2nd respondent to consider the
representation, dated 09.09.2021, under Section 78 of the HR & CE Act in
respect of Door No.72 in S.No.49/2, Tiruppuvanam, Manamadurai Taluk,
1/6
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W.P.(MD) No.9150 of 2022
Sivagangai District, within the time stipulated by this Court.
For Petitioner : Mr.S.Madhavan
For Respondents : Mr.M.Lingadurai
Special Government Pleader
ORDER
This writ petition has been filed for issuance of a Mandamus seeking for
a direction to the 2nd respondent to consider the representation of the
petitioner, dated 09.09.2021, under Section 78 of the HR & CE Act in respect
of Door No.72 in S.No.49/2, Tiruppuvanam, Manamadurai Taluk, Sivagangai
District, within the time stipulated by this Court.
2.The petitioner, who is the Manager of Sivagangai Devasthanam, had
sent a representation to the Joint Commissioner and Assistant Commissioner
of Hindu Religious and Charitable Endowment Board, on 09.09.2021, seeking
the authorities to invoke Section 78 of Hindu Religious and Charitable
Endowments Act, (For brevity “HR and CE Act”) and take action under
Section 79 of HR and CE Act.
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W.P.(MD) No.9150 of 2022
3.According to the petitioner, there is a vacant land in S.No.49/2, which
belongs to the idol of Sri Pushpanvaneshwar Temple. In this vacant land, third
parties namely, Eswaran and his brother Selvam have put up construction.
Later, they have not paid any rent to the temple authorities. Hence, notice was
issued and the amount due to the temple was to the tune of Rs.1,56,750/-. The
said Devasthanam had filed a civil suit in O.S.No.75 of 2019 before the
District Munsif cum Judicial Magistrate Court, Thirupuvanam, against the said
Selvam, who is the encroacher/tenant. The District Munsif Cum Judicial
Magistrate Court, Thirupuvanam, by Judgment and Decree, dated 11.11.2019
had allowed the suit, directing the encroacher to vacate the vacant land
without creating any encumbrance and to repay the dues. Since the
encroacher failed to vacate the vacant land, the petitioner, with all these
particulars, have sent communication to the temple authorities, namely the
second and third respondents, who have failed to act on it. Hence, the present
petition has been filed.
4.Mr.M.Lingadurai, learned Special Government Pleader, appearing for
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W.P.(MD) No.9150 of 2022
the respondents submitted that the petitioner's representation has been
received by the Assistant Commissioner, who is the third respondent herein,
and steps were already initiated. In this regard the third respondent will soon
send a report to the second respondent. If any encroachment found, he would
send appropriate report under Section 78 of the HR & CE Act to the Joint
Commissioner. Thereafter, on the basis of the report, the Joint Commissioner
will conduct enquiry.
5.In view of the submissions made by the learned Special Government
Pleader, this Court directs the third respondent/Assistant Commissioner to
send a report to the Second respondent/Joint Commissioner within a period of
one week from the date of receipt of a copy of this order. In the event of
receipt of such report, the Joint Commissioner shall give priority to take
appropriate action, within a period of three months thereafter.
6.With the above directions, this writ petition is disposed of. No costs.
14.06.2022
Index : Yes / No
Speaking Order/ Non Speaking Order
TM
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9150 of 2022
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Board,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Board,
Sivagangai, Sivagangai District.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Board,
Sivagangai, Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9150 of 2022
M.NIRMAL KUMAR,J.
TM
W.P.(MD) No.9150 of 2022
14.06.2022
https://www.mhc.tn.gov.in/judis
