A.Manimala v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.2289 of 2022 Tmt.A.Manimala
...Petitioner
Vs
1. The Commissioner, Hindu Religious and Charitable Endowment Board,
2. The Secretary/Chief Executive Officer, Hindu Religious and Endowment Board,
3. The President, Arulmigu Dharma Sivachariyar Madam Kachaleeswarar Agraharam Chennai - 600 001.
4. The Secretary, Arulmigu Dharma Sivachariyar Madam Kachaleeswarar Agraharam Chennai - 600 001.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to dispose the petitioner's representation dated 29.11.2021 within the time limit which may be fixed by the Court. For Petitioner : Mr.A.K.M.Samsunihar For Respondents : Mr.S.Yashwanth Additional Government Pleader - R1 & R2 Ms.Aarthi - R3 & R4
O R D E R
Mr.S.Yashwanth, learned Additional Government Pleader accepts notice for R1 and R2 and Ms.Aarthi, learned Counsel accepts notice for R3 and R4 and both are armed with instructions to proceed with the matter finally. Hence, by consent expressed by both learned counsel, this Writ Petition is disposed finally even at the stage of admission.
2. Learned counsel for R1 and R2 would submit that the officials of the Hindu Religious and Charitable Endowments Department (HR & CE) are not necessary parties to this Writ Petition and the relief sought is as against the Dharma Sivachariyar Madam, which does not come within the purview or control of the HR & CE Department.
3. Be that as it may, Ms.Aarthi, learned counsel for R3 and R4 does not object to an order being passed by this Court directing R4 to consider the petitioner's representation dated 29.11.2021and pass a speaking order, without reference to, and not pressing her preliminary challenge to the maintainability to the Writ Petition.
4. In the light of the same, the mandamus as sought for by the petitioner is granted and this Writ Petition is disposed directing R4 to pass orders on the representation of the petitioner dated 29.11.2021 after hearing the petitioner and in accordance with law and all applicable Rules and Regulations within a period of four (4) weeks from today. No costs. Sd/- Assistant Registrar True Copy// Sub Assistant Registrar sl To
1. The Commissioner, Hindu Religious and Charitable Endowment Board,
2. The Secretary/Chief Executive Officer, Hindu Religious and Endowment Board,
3. The President, Arulmigu Dharma Sivachariyar Madam Kachaleeswarar Agraharam Chennai - 600 001.
4. The Secretary, Arulmigu Dharma Sivachariyar Madam Kachaleeswarar Agraharam Chennai - 600 001.
+1cc to the Government Pleader, S.R.No.9285 W.P. No.2289 of 2022 GPL[co] NSK 28/03/2022