A.P.Jayaprakash Kulalar v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.P.Jayaprakash Kulalar ... Petitioner -vs1. The Joint Commissioner Hindu Religious and Charitable Endowments Administration Department Tirupur.

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Administration Department Karur.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent herein to dispose of the Petition in O.A. No. 1 of 2023 filed under Section 64(5) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for modification of the Scheme dated 10.03.2017 framed in O.A. No. 6 of 2003 on the file of the Joint Commissioner, Trichy within a strict time frame fixed by the Court.

For Petitioner :

Mr. T.S.Vijaya Raghavan For Respondents :

Mr. K.Karthikeyan, Government Advocate 1/5

O R D E R

Heard Mr. T.S.Vijaya Raghavan, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Advocate for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the First Respondent to consider the Petition in O.A. No. 1 of 2023 filed under Section 64(5) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, for modification of the Scheme dated 10.03.2017 framed in O.A. No. 6 of 2003 on the file of the Joint Commissioner, Trichy within a time frame that may be fixed by the Court.

3.

Learned Government Advocate appearing for the Respondents, on instructions, states that the next hearing in the said Original Application has been fixed on 31.01.2024 and a memo dated 19.01.2024 has been filed to that effect.

4.

In such circumstances, the Petitioner and all other concerned parties shall attend the hearing on the said date as well as on the subsequent dates to which 2/5

it is adjourned and extend their co-operation for the expeditious disposal of the matter and there shall be atleast two effective hearing every month showing progress of the case. It shall be incumbent upon the First Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

19.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 19.02.2024.

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To

1. The Joint Commissioner Hindu Religious and Charitable Endowments Administration Department Tirupur.

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Administration Department Karur.

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. A.P.Jayaprakash Kulalar S/o. Sri. A.Ponnusamy, No. 15, 3rd Street, Venkateswara, Nagar Valayangadu South, Thirupur District.

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P.D. AUDIKESAVALU, J.

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