C.Ganesan v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA C.Ganesan ... Petitioner Vs.

1.The Joint Commissioner, H.R & C.E. Department, Erode.

2.The Fit Person, Arulmigu Ponkaliamman Thirukoil, Marapparai, Thiruchengode, Namakkal.

Office at The Executive Officer, Arulmigu Athanooramman Thirukoil, Athanoor, Thiruchengode, Namakkal District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to dispose of O.A.No.02 of 2023 pending on the file of the first respondent as expeditiously within a time frame fixed by this Court. For Petitioner : Mr.B.Ravi For Respondents : Mr.K.Karthikeyan, GA for R1 & R2 Page No.1 of 4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the first respondent to dispose the O.A.No.02 of 2023 pending on the file of the first respondent as expeditiously within a time frame fixed by this Court.

2. Heard Mr.B.Ravi, learned counsel for the petitioner and Mr.K.Karthikeyan, learned Government Advocate for the respondents.

3. The petitioner is the devotee of the second respondent temple which is located at Marapparai Village, Thiruchengode Taluk, Namakkal District. The said temple falls within the administrative jurisdiction of the Namakkal Assistant Commissioner, HR & CE Department. According to the petitioner, the petitioner and his community people have carried out several construction works and consecration in the temple with the permission of the HR & CE Department. The petitioner and others filed an Original Application before the Joint Commissioner of HR & CE Department, the first respondent herein under Section 64(1) of theAct for Page No.2 of 4

framing of scheme and appointment of trustees from the petitioner's community. The said Application has been numbered as O.A.No.2 of 2023. Despite the Original Application has been filed in the year 2023, till now no counter has been filed and the Original Application is also not disposed. Therefore, the petitioner is before this Court.

4. The learned Government Advocate (HR & CE) for the respondents submitted that the Original Application filed by the petitioner will be disposed within a time limit as may be fixed by this Court.

5. In view of the above submission, this Writ Petition is disposed and the first respondent is directed to dispose the Original Application in O.A.No.02 of 2023 within a period of three months from the date of receipt of a copy of this order. No costs.

08.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk Page No.3 of 4

R.N.MANJULA , J.

gsk To 1.The Joint Commissioner, H.R & C.E. Department, Erode.

2.The Fit Person, Arulmigu Ponkaliamman Thirukoil, Marapparai, Thiruchengode, Namakkal.

08.02.2024 Page No.4 of 4