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Madras High CourtWP/6419/2017disposed of

Adyar Kanagaraj v. The Commissioner

2017-03-16Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN W.P. No. 6419 of 2017 1.

Adyar Kanagaraj Dhareswaraj 2.

Adyar Dhareswaraj Sundarajan ..Petitioners Vs.

1.

The Commissioner, Hindu Religious & Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.

The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Chennai - 600 034.

3.

The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Chennai - 600 034.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 2nd respondent to pass final orders in O.A. No. 8/2014 within a limited time frame as deemed fit and to direct the respondents to forthwith appoint a Fit Person for Arulmigu Ponniamman, Mariamman and Valleswarar Temple situated in Urur, Adyar, Chennai 600 020, pending disposal of O.A. No. 8/2014 by the 2nd respondent so as to take immediate steps for evicting the unauthorised occupiers of the temple and to properly manage the Temple affairs till then.

For Petitioners ::

Mr.M. Ravi For Respondents ::

Mr.M. Maharaja, Special Govt. Pleader for HR & CE

O R D E R

The petitioners, in order to get a declaration that they are the hereditary trustees of Arulmigu Ponniamman, https://hcservices.ecourts.gov.in/hcservices/

Mariamman and Valleswarar Temple situated in Urur, Adyar, Chennai - 600 020, had filed an application in O.A. No. 8/2014 on the file of the 2nd respondent and since the said application has not been given disposal, came forward to file this writ petition.

2.

Heard the learned counsel for the petitioners and Mr.M. Maharaja, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3.

This Court, taking into consideration, the limited scope of the relief sought by the petitioners and without going into the merits of the claim projected by the petitioners, directs the 2nd respondent to consider O.A. No. 8/2014, pending on his file and pass orders on the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.

The Commissioner, Hindu Religious & Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.

The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Chennai - 600 034.

3.

The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Chennai - 600 034.

+1 CC to M. Ravi, Advocate sr 16910 +1 CC to The Government Pleader, High Court, Madras 16954 W.P. No. 6419 of 2017 MP(CO) sp/3/4 https://hcservices.ecourts.gov.in/hcservices/