Vasantha v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5001 of 2019 1.Vasantha 2.R.Mohan 3.R.Ramesh

...Petitioners

Vs.

The Joint Commissioner Hindu Religious and Charitable Endowments Department, Vellore.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent viz., The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Vellore, to pass orders on the Application filed by the petitioners on 12.04.2018 in accordance with the provisions of Sec.54(1) of the T.N.H.R.&C.E.Act. For Petitioners:

Mr.P.Gopalan For Respondent :

Mr.M.Maharaja Special Government Pleader

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondent. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioners seek for a mandamus directing the respondent to consider and pass orders on the application dated 12.04.2018, wherein and whereby, they sought for appointing them as the Hereditary Trustees of the Arulmigu Muneeswarar Temple, Salai Nagar, Thamalerimuthu Post, Thirupathur Taluk, Vellore District.

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4. The grievance of the petitioners is that even though the application was made on 12.04.2018, the same is still pending and not yet disposed of.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondent to consider the application dated 12.04.2018 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioners, and other rival claimants and interested parties, if any. Such exercise shall be done by the respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Vellore.

+1cc to M/S.P.Gopalan, Advocate Sr.16374 +1cc to the Government Pleader Sr.17819 W.P.No.5001 of 2019 vd[co] srg 23/03/2019 https://hcservices.ecourts.gov.in/hcservices/