W.P.(MD)No.8180 of 2011

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P.(MD)No.8180 of 2011

and M.P.(MD)Nos.2 and 3 of 2011

A.Govindan

President

Sri Durga Selli Amman Public Service Trust,

Adirampattinam,

Pattukkottai Taluk,

Thanjavur District.

... Petitioner

versus

1. The District Collector,

Thanjavur.

2. The Assistant Director,

Town Panchayat,

Thanjavur Zone,

Panagal Building,

Thanjavur.

3. The Executive Officer,

Adirampattinam Town Panchayat,

Adirampattinam,

Pattukkottai Taluk, Thanjavur District.

4. The Commissioner,

Hindu Religious & Charitable Endowments,

Chennai.

5. The Joint Commissioner,

Hindu Religious & Charitable Endowments,

Thanjavur.

6. The Executive Officer

Sri Arulmighu Durga Selli Amman Temple,

Adirampattinam,

Pattukkottai Taluk,

Thanjavur District.

... Respondents

Writ Petition filed under Article 226 of the Constitution of

India, seeking for the issuance of Writ of Certiorari, to call for

the records relating to the impugned order passed by the second

respondent in Na.Ka.No.1666/2011 Peru dated 07.07.2011 and quash the

same .

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W.P.(MD)No.8180 of 2011

For Petitioner

: Mr.B.Vijay Karthikeyan

For R1 to R5

: Mr.P.T.Thiraviam,

Government Advocate

For R6

: Mr.V.Chandrasekar

ORDER

This writ petition is filed against the proceedings dated

07.07.2011. By the impugned proceedings dated 07.07.2011, the

second respondent/the Assistant Director of Town Panchayat,

Thanjavur, made a proposal to the fifth respondent/the Joint

Director of Hindu Religious & Charitable Endowments, Thanjavur, to

take over the administration of a Kalyana Mandapam in Survey

No.262/37 of Adiramapattinam Town Panchayat.

2. The land in Survey No.262/37 of Adiramapattinam Town

Panchayat, belongs to Arulmigu Durga Selli Amman Temple and the said

Temple is under the control of HR&CE. Without obtaining any valid

permission, the Town Panchayat spent some money in constructing a

Kalyana Mandapam, at a cost of Rs.19 lakhs. After completing the

construction of Kalyana Mandapam, the Town Panchayat passed a

resolution on 11.09.2007 to handover the Kalyana Mandapam to the

temple administration. But, the petitioner Trust has taken over the

administration of Kalyana Mandapam and was collecting daily rent of

Rs.5,000/- for marriage and other functions. On receipt of

complaints, the Assistant Director of Town Panchayat conducted a

spot inspection and ascertained that the Kalyana Mandapam lies in

the temple property and by the communication impugned in this writ

petition, made a proposal to the Joint Commissioner of HR&CE,

Thanjavur, to take over the administration of Kalyana Mandapam.

Challenging the same, the present writ petition has been filed.

3. When the writ petition came up for hearing on 29.03.2022,

the learned counsel for the petitioner submitted that the petitioner

is no more. Therefore, he sought time to implead the legal heirs of

the deceased petitioner.

4. This writ petition is filed by one A.Govindan in the

capacity as President of Durga Selli Amman Public Service Trust,

Adiramapattinam. Though the petitioner claimed that Durga Selli

Amman Public Service Trust is a charitable trust, no document has

been placed before this Court that the Trust is a registered one and

he is the President of the Trust. So, in order to provide an

opportunity, to place the document that the Trust is a registered

one and to implead the legal representative of the deceased

petitioner, this Court adjourned the matter to 31.03.2022 and

07.04.2022. However, no steps have been taken to implead the legal

representative of the deceased petitioner and no document has been

placed that the Trust is a registered one.

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