SEKAR REPORTER

Court News from Madras High Court

view of the action taken against the erring officials and also the undertaking given by the review petitioner that they will take care of the temple properties vigilantly, the observations made and directions given by this Court in paragraph No.9 in W.P.No.28420 of 2023 dated 28.11.2023, is hereby struk of.

by ·

IN THE HIGH COURT OF JUDICATURE AT MADRAS

        DATED :  25.03.2024

Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Rev. Appln. No.238 of 2023 against
W.M.P.No.28420 of 2023
The Executive Officer
Arulmighu Kodhandaramar Swamy Thirukoil
Nandambakkam
HR&CE Department
Chennai – 600 089 … Petitioner
Vs.

  1. S.Chitra Srinivasan
  2. District Registrar
    District Registrar (Administrative) Office
    South Chennai
    Combined Commercial Tax and Registration
    Department Office (Ground Floor)
    Nandhanam, Chennai – 600 035
  3. Sub-Registrar
    Registration Department
    Sub Registrar Office, 15/17, Military Quarters
    Alandur, Chennai – 600 016 … Respondents Prayer: Review Petition filed under Order 47 Rule 1 of Civil Procedure Code read with Article 226 of the Constitution of India, to review the order made in W.P.No.28420 of 2023 dated 28.11.2023 so far it pertains to the direction to the Central Bureau of Investigation to investigate into the records maintained by the temple.
    For Petitioner : Mr.N.R.R.Arun Natarajan
    Special Government Pleader (HR & CE) For Respondents : No Appearance
    ORDER
    This Review Petition is filed to review the order made in W.P.No.28420 of 2023 dated 28.11.2023 so far it pertains to the direction to the Central Bureau of Investigation to investigate into the records maintained by the temple.
  4. The case of the petitioner Temple is that, this Court, while passing the order in W.P.No.28420 of 2023, since the original documents or records were unable to produc by the templ authority concerned, this Court passed by order dated 28.11.2023, gave a direction to the Central Bureau of Investigation, Chennai, to register a case and to conduct an enquiry about the properties that belong to the Temple and also erring officials with regard to the maintenance of the Temple properties as follows;
  5. Before parting with this case, it is to be noted that since the respondents have not properly respondend to this Court and they are not even able to produce the original documents or records, this Court is of the view that the Temple Authority concerned had not followed the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, for maintaining the register of the Temple property and for safeguarding the property of the Temple. Therefore, it is appropriate now to give direction to the Director of Central Bureau of Investigation, Chennai to register a case and conduct an enquiry about the properties that belong to the Temple and also who are all the erring officials with regard to the maintenance of the Temple properties, and if there is any alienation by the Trustees or Officials with regard to the Temple property, and if anybody was allowed by any Officials or Trustees in their knowledge, or the Temple authorities allowed any third parties encroached the property or not, they prevented anybody for not taking any action to remove the encroachments, and for not conducting the enquiry and to file a report. All these things shall be investigated and a report be filed by the Central Bureau of Investigation, within a period of six months from the date of receipt of a copy of this order.
    Against the said direction, the Temple has filed the present review application.
  6. The Special Government Pleader (HR & CE) appearing for the review petitioner, stated that the review petitioner has filed a memo dated 25.03.2024 stating that against the erred officials, action has been taken and they also undertook that they will take care of the temple properties vigilantly.
  7. Though the respondents were served and their names are printed in the cause list, non appeared on behalf of the respondents.
  8. In view of the action taken against the erring officials and also the undertaking given by the review petitioner that they will take care of the temple properties vigilantly, the observations made and directions given by this Court in paragraph No.9 in W.P.No.28420 of 2023 dated 28.11.2023, is hereby struk of.
  9. Accordingly, the Review application is disposed of. No costs.
    25.03.2024
    Index : Yes / No
    Speaking Order : Yes / No
    Neutral Case Citation : Yes/No
    Ksa-2 
    To
  10. District Registrar
    District Registrar (Administrative) Office
    South Chennai
    Combined Commercial Tax and Registration
    Department Office (Ground Floor) Nandhanam, Chennai – 600 035
  11. Sub-Registrar
    Registration Department
    Sub Registrar Office
    15/17, Military Quarters Alandur, Chennai – 600 016
    Copy to:
    The Central Bureau of Investigation
    Economic Offences Wing
    Rajaji Bhavan Complex
    Tiruvalluvar Nagar, Besant Nagar
    Chennai – 600 090
    P.VELMURUGAN. J.
    Ksa-2
    Rev. Appln. No.238 of 2023
    25.03.2024

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