P RATHINAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) 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:- VERNACULAR (TAMIL) PORTION DELETED

(3.) 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.