Pandiyan v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13614 of 2016 Pandiyan West Street, Rajendra Solagan Village Kattumannar Koil Taluk Cuddalore District Rep.by his Authorised Power Agent, Muthuraman, S/o.Palanisamy, Kovilpattu, Kattumannar Koil Post, Kattumannar Koil Taluk, Cuddalore District. ...Petitioner Vs 1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Cuddalore.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Cuddalore.

3.Maragatham Hereditary Trustee (I.C) Arulmigu Sri Toleswaraswamy Devasthanam Rajendra Solagan Village, Kattumannar Koil Taluk, Cuddalore District.

4.Purushothaman ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the Petition No.39 of 2015 on the file of the 1st Respondent dated 03.08.2015.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.N.R.R.Arun Natarajan Government Advocate [For R1 & R2] R3 - Mr.S.Sounther R4 - No appearance

O R D E R

The relief sought for in the present writ petition is for a direction to direct the 1st respondent to consider and pass orders on the Petition No.39 of 2015 on the file of the 1st Respondent dated 03.08.2015.

2. Petition No.39 of 2015 reveals that the petitioner prayed for the relief, not to confirm the auction purportedly held on 13.10.2015 in secrete and to set aside the same, conduct an enquiry regarding the illegality conducted in the auction.

3. The learned Government Advocate appearing on behalf of the respondents made a submission that as per the auction conditions, on the same day, the amount is to be deposited. However, the petitioner had not deposited the entire amount. But he deposited the part amount of Rs.21,000/-(Rupees Twenty One Thousand only) alone. Thus, the auction itself was cancelled by the respondents and thereafter, a fresh auction was proposed to be conducted.

4. Further, it is brought to the notice of this Court that the auction was cancelled in respect of Fasali 1424 and in respect of Fasali 1425, the enquiry is pending. Such being the factum, the respondents shall proceed with the enquiry and conclude the same as expeditiously as possible.

5. With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

kak To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Cuddalore.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Cuddalore.

+1cc to Mr.S.Sounthar, Advocate Sr.49370 +1cc to the Special Government pleader Sr.48714 W.P.No.13614 of 2016 rsi[co] srg 05/10/2021