IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.07.2011 Coram : THE HONOURABLE MR.JUSTICE P.JYOTHIMANI WRIT PETITION NO. 8729 of 2011 1.P.Rathinam 2.Manjula Vinayagam 3.K.Wiswanathan 4.A.G.Gowri 5.T.S.Sivaraman 6.B.Sathiyanarayanan 7.Thangam 8.T.Chandran 9.U.Mohana 10.V.Gomathi 12.V.Chinnasamy 12.K.Venkatachalam 13.T.Rathinam 14.N.Somasundaram 15.R.Dhanapal 16.A.Narayanasamy 17.G.Rajammal 18.N.Varadarajan 19.G.Subramanian 20.S.Sambathkumari 21.B.Alagirisamy 12.Alagapparaj 23.D.Yesurathinam 24.K.Leela 25.M.Subramanian 26.P.Gomathi 27.K.Samadhani 28.C.Ponnan 29.S.P.Pandian 30.G.Shanmugam 31.M.Adhikesavan 32.K.Susila 33.Umamaheswari Shanthi 34.T.Sundaram Ayyangar 35.Chellammal 36.P.Muralidaram 37.Parimala 38.K.Janaki 39.S.Premkumar 40.S.V.S.Ram https://hcservices.ecourts.gov.in/hcservices/ 41.R.Krishnaveni 42.T.Kamala 43.Kanniyammal 44.V.Vasanthan 45.M.Krishnasamy Nadar 46.M.Baskarraj 47.P.Gunasekaran 48.S.Sukumar 49.M.Kothandaraman 50.R.Suseela 51.T.Rajasekar 52.Visalatchi Kuppusamy 53.A.M.Radhakrishnan 54.R.Gopal 55.M.Chitra 56.T.V.Balaiah 57.Jothi Joshua 58.Rajini 59.K.V.Vidya 60.A.Anuradha 61.Shanthi Jayapal 62.V.Ramkumar 63.V.Savithri 64.S.maheswari 65.V.Sadayan 66.P.Kamala 67.B.Sivakumar 68.S.Parthasarathy 69.C.Natarajan ...Petitioners Vs 1.Government of Tamilnadu rep. by its Secretary to Government Hindu Religious and Charitable Endowments Department Fort St. George Chennai-600 009. 2.The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam Chennai-600 034. 3.Executive Officer Arulmigu Tiruvalleswarar Thirukoil Padi, Chennai-600 050. ...Respondents https://hcservices.ecourts.gov.in/hcservices/ (Third respondent impleaded as per order dated 29.06.2011 by this Court in M.P.No.1 of 2011 in W.P.No.8729 of 2011) PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to convey the lease hold land in favour of the petitioners, the tenants of their respective lands, as proposed by the Commissioner's proceeding No.V.No.23/2010/ R2, dated 05.10.2010. For Petitioners : Mr.T.D.K.Govindarajan For Respondents : Mr.S.Kandasamy Spl.G.P. (H.R.&C.E.) O R D E R Mr.S.Kandasamy, learned Special Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal. 2. In respect of various portions of the lands belonging to "Arulmigu Thiruvalleswarar Thirukoil" at Padi, the petitioners are stated to be in possession as lessees for long years by putting up construction. It is seen that earlier, the Hereditary Trustee was managing the said Temple. Earlier, when large number of occupants have approached this Court, there was a direction and based on which, it appears that out of the total number, 69 persons have been granted sale by the order of the Commissioner by fixing the sale price as per Section 34 of the Hindu Religious and Charitable Endowment Act (for short, "The Act"). However, in respect of the remaining persons, including the petitioners, the sale deeds have not been executed and the price has not been fixed. In an order passed in W.A.No.2077 of 2004 filed by the Executive Officer of the said Temple against the order in W.P.No.15527 of 2000, dated 31.03.2004, the Division Bench by judgment dated 27.03.2007 has directed the Government to consider the proposal submitted by the Commissioner (H.R.&C.E.) in his letter dated 28.10.2008 and to pass orders with regard to the petitioners' request for the sale of the land in question to them and also for fixation of the value of the same, within a specified period. Thereafter, the Commissioner in his proceedings dated 05.10.2010 fixed the amount as sale consideration. However, while fixing the same, he has called for objections from public in accordance with law, so that, he can pass final orders. The operative portion of the Commissioner's proceedings dated 05.10.2010 reads as follows:- https://hcservices.ecourts.gov.in/hcservices/ "3) ,g;bghUs; Fwpj;J fUj;Jiufnsh. kWg;g[iufnsh ,Ug;gpd; mtw;wpid vGj;J K:ykhf 15/11/2010k; njjpad;W Kw;gfy; 11/00 kzpf;Fs; Mizahpd; neuo tprhuizapd;nghnjh my;yJ mjw;F Kd;djhfnth ,t;tYtyfj;jpw;F te;J nrUk;go mDg;gp itf;fyhk;/ ,jd; bjhlh;ghf nehpYk; nkw;go tprhuizapd;nghJ tptu';fs; bjhptpf;fyhk;/ nkny Fwpg;gpl;l fhyj;jpw;Fs; vth; xUthplkpUe;Jk; fUj;Jiufnsh my;yJ kWg;g[iufnsh VJk; tutpy;iybadpy; iftrk; cs;s Mtz';fspd; mog;gilapy; ,Wjp Miz gpwg;gpf;fg;gLk; vd ,jd; K:yk; mwptpf;fg;gLfpwJ/" 3. It is based upon the said order of the second respondent-Commissioner, dated 05.10.2010, Mr.S.Kandasamy, learned Special Government Pleader appearing for the H.R.&C.E. Department would submit that the objections have been received in respect of the valuation and the Commissioner is yet to consider the same and pass appropriate orders. The learned Special Govt. Pleader has raised an objection stating that while in the earlier proceedings, the petitioner has chosen to implead the Hereditary Trustee, in the present Writ Petition, the Hereditary Trustee has not been impleaded and he should have been heard. 4. It is brought to the notice of this Court by Mr.T.D.K.Govindarajan, learned counsel for the petitioner, that various organizations have also given letters to the H.R.&C.E. Department supporting the petitioners' cause. 5. It is not in dispute that the Hereditary Trustee had already passed a Resolution proposing to sell the property and thereafter, the matter was referred to the second respondent- Commissioner for the purpose of seeking permission under Section 34 of the Act. In any event, inasmuch as the second respondent- Commissioner is yet to pass orders, it is always open to him to give notice to the Hereditary Trustee also before passing the final order and consider the objections raised by the various persons. 6. In the result, this writ petition is disposed of, by directing the second respondent-Commissioner that while passing such final order, he shall give notice to Hereditary Trustee and also take into consideration his earlier proceedings dated 05.10.2010, by which, he has fixed certain amount as well as the objections raised by the parties and also the letters of various organizations given to the H.R.&.C.E. Department supporting the petitioners' cause and pass appropriate orders, on merits and in https://hcservices.ecourts.gov.in/hcservices/ accordance with law, within eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar paa To 1. The Secretary to Government Government of Tamilnadu Hindu Religious and Charitable Endowments Department Fort St. George Chennai-600 009. 2.The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam Chennai-600 034. 1 cc to Mr.T.D.K.Govindarajan, Advocate, Sr.No.40971 1 cc to Government Pleader, Sr.No.41186 WP.NO. 8729 OF 2011 JRG {CO} TP/19.7.2011. https://hcservices.ecourts.gov.in/hcservices/