G.S.Ollappan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.2234 of 2024 G.S.Ollappan ...
Petitioner /vs/
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruppur Division, Room No.12, New Commercial Complex First Floor, Cotton Market Complex, Palladam Road, Tirupur - 641 604.
3. The Executive Officer, A/m. Sridevi Poodevi Sametha, Sri Karunakara Venkatramana Perumal Temple, Karuvalur Village, Tirupur District.
Also at A/m. Mariyamman Temple, Karuvalur, Avinashi Taluk,
Tiruppur District.
4. Loganathan
5. M.Arjunan
6. M.Rangasamy
7. S.Tamilselvan
8. S.Karuppasamy
9. K.Subramani
10. K.S.Ponnusamy
11. S.Mohan
12. S.Avinashiappan
13. K.Sivaji
14. R.Subramaniam
15. D.Sathasivam
16. M.Dharmaraj
17. S.Ganesan ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent to dispose the petitioner's Original Application O.A.No.42 of 2021 by conducting enquiry on it within the time frame fixed by this Court. For Petitioner ... Mr.E.Ganesh For Respondents ... Mr.K.Karthikeyan Govt. Advocate for R1 to R3 Mr.T.S.Vijayaraghavan for RR4,5,7,13,15 & 16
ORDER
This writ petition has been filed seeking a writ of mandamus by directing the second respondent to dispose the petitioner's Original Application O.A.No.42 of 2021 by conducting enquiry on it.
2. The petitioner filed a petition before the second respondent under Section 64(1) of Hindu Religious and Charitable Endowments Act, for framing of scheme for the management of the third respondent temple. The private respondents 4 to 17 have also impleaded themselves in the above enquiry and they have already been brought on record.
3. Mr.E.Ganesh, the learned counsel for the petitioner, submitted that an application has already been filed under Section 64(1) of the Hindu Religious and Charitable Endowments Act and there are certain interim applications pending and it is up to the respondents to dispose the same.
4. Mr.T.S.Vijayaraghavan, the learned counsel for the fourth respondent submitted that the interim application filed in the said proceedings in M.P.No.18 of 2023 in O.A.No.42 of 2021, questioning the
maintainability of the very filing of the Original Application, was rejected on 19.06.2023 and the fourth respondent has filed a revision challenging the above order and the same is pending before the first respondent.
5. The private respondents stated that unless the revision petition filed challenging the order passed in the interim application is heard and disposed, no order can be passed under Section 64(1) of the Hindu Religious and Charitable Endowments Act. In that event, I feel the first respondent should be directed to dispose the revision application within a time frame.
6. Accordingly, the first respondent is directed to dispose the revision application said to be filed challenging the order passed in M.P.No.18 of 2023 in O.A.No.42 of 2021, within a period of two weeks from the date of receipt of a copy of this order and to dispose the application filed under Section 64(1) of the Hindu Religious and Charitable Endowments Act, within a period of eight weeks, thereafter.
7. With the above direction, this writ petition is disposed. No costs. 05.02.2024 Index: Yes / No Speaking order / Non-speaking order bkn To:
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruppur Division, Room No.12, New Commercial Complex First Floor, Cotton Market Complex, Palladam Road, Tirupur - 641 604.
3. The Executive Officer, A/m. Sridevi Poodevi Sametha, Sri Karunakara Venkatramana Perumal Temple, Karuvalur Village, Tirupur District.
R.N.MANJULA ,J.
bkn 05.02.2024