B MANOHARAN Vs. SECRETARY HR AND CE DEPARTMENT

JUDGEMENT

(1.) THE petitioner, a practising Advocate at Poonamallee, claiming to be a devotee of Arulmighu Thirukachi Nambigal Varadaraja Perumal at Poonamallee, has filed the present writ petition seeking to challenge the action of the respondent in trying to dispose of the property of the said temple's deity to the extent of 3.55 acres comprised in Survey No.115/1A in Poonamallee Village on an outright sale basis to the Poonamallee Municipality for the purpose of constructing a new bus stand.

(2.) EVEN though the original prayer was to quash the order dated 11.7.2006 passed by the second respondent Commissioner, Hindu Religious and Charitable Endowment [for short 'HR&CE] Department by which objections were called for from the public about the proposed sale of the said property under Section 34 of the HR&CE Act [Tamil Nadu Act 22 of 1959], subsequently, by an amendment sought for in M.P.No.3 of 2006, the petitioner challenged the order dated 06.9.2006 passed by the second respondent, by which the Commissioner has approved the sale of the property after overruling the objection made by the parties and also directed publication in the District Gazette regarding the sale.

(3.) IT is seen from the records that a notification dated 11.7.2006 was issued by the second respondent Commissioner, which was also published in the newspaper including Daily Thanthi dated 18.7.2006. In that notification, it was stated that by accepting the Executive Officer/Joint Commissioner's recommendation and also the resolution passed by the Thakkar (fit person), the Government had issued G.O.Ms.No.129, Tamil, Development, Culture and Endowment Department dated 30.6.2006 granting approval for the sale of the land. IT is also stated that as per the evaluation fixed by the Divisional Revenue Officer, Thiruvallur, the land was valued at Rs.181/- per Sqft and by adding 50% on the said value, the property was valued at a sum of Rs.4,20,22,770/- and it was proposed to sell the land set out in the schedule and any person, who wants to raise objection can send their objections and also appear before the enquiry to be conducted by the second respondent on 10.8.2006.