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Madras High CourtWP/6176/2017disposed of

R.Sivaraj, v. The Joint Commissioner,

2017-03-14Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2017 C O R A M THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.6176 of 2017 R. Sivaraj ... Petitioner Vs The Joint Commissioner, Hindu Religious & Charitable Endowment (Admin), Coimbatore District, Coimbatore.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue to issue a Writ of Mandamus and for the direction to the respondent to number the petitioner's Impleading petition in I.A. No. Unnumbered at 2017, consequently to pass orders in the said petitioners Impleading Petition in I.A. No. Unnumbered of 2017 in M.P.No.25/2008 and M.P.No.25/2008 pending on the file of the respondent within a stipulated time frame as fixed by this Hon'ble Court. For Petitioner : Mr.D.R.Arunkumar For Respondents: Mr.M.Maharaja Special Government Pleader (H.R & C.E.)

ORDER

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner would state that Tvl. Vellingiri, Ganapathy, Ramasamy, his father and Paramasivam were the hereditary trustees of "Sri Kariya Kaliyamman Temple" at Coimbatore District and on his demise, he is entitled to hereditary trustee and in the petition in M.P.No.25 of 2008 filed by Mr.R.Rajeshwari and 6 others before the Joint Commissioner, H.R. & C.E. (Admn.), Coimbatore, he has filed an Interim Application to implead him as party and despite lapse of 2 years, the application is yet to be numbered and therefore, came forward with this writ petition.

3. Heard Mr.M.Maharaja, learned Special Government Pleader (H.R. & C.E.) who accepts notice on behalf of the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondent to entertain the petition for implead filed by the petitioner, if the papers are otherwise in order and after putting the petitioners in M.P.No.25 of 2008 on notice, shall pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the petitioners in M.P.No.25 of 2008.

5. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm/rsi To The Joint Commissioner, Hindu Religious & Charitable Endowment (Admin), Coimbatore District, Coimbatore.

+1cc to Mr.Arun Kumar, Advocate, S.R.No.15997 SKV(CO) RS(27/03/2017) W.P.No.6176 of 2017 https://hcservices.ecourts.gov.in/hcservices/