B.R.K. Ramasamy, v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.02.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.4400 of 2020 B.R.K.Ramasamy .. Petitioner ..Vs..

1.The Joint Commissioner, Coimbatore.

2.The Assistant Commissioner, Dr.BalaSundaram Road, Coimbatore-18.

3.Fit Person, Arulmighu Kannimariamman Temple, Having Office at:- Arulmighu Vinayagar Temple, Conoor Town, Ooty.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to early dispose of the R.P.No.4 of 2016 dated 11.06.2016.

For Petitioner : Mr.S.Sithirai Anandam For Respondents: Mr.M.Karthikeyan Special Government Pleader for R1 and R2

O R D E R

Mr.M.Karthikeyan, learned Special Government Pleader takes notice for respondents 1 and 2. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, directing the first respondent namely the Joint Commissioner, Hindu Religious Charitable and Endowment Department, Coimbatore, to dispose of the R.P.No.4 of 2016 dated 11.06.2016.

3.In the affidavit filed in support of the writ petition, it had been stated that the Arulmigu Kethaiswamy and Arulmigu Kannimariamman Temple situated at Imbimarahatty Village, belongs to the Badukar Community. This is a small temple. The origin of the temple is nearly 200 years. It is stated that the respondents had appointed a fit person on 04.11.2014. Questioning that, the petitioner and four others had filed a petition before the first respondent in R.P.No.4 of 2016. It is further stated that the said Revision Petition is still pending. Hence the present writ petition has been filed seeking direction to the first to dispose of the Revision Petition. 4.The learned counsel for the petitioner stated that an enquiry was made, but, the first respondent has not passed any order. Therefore, this Court may issue a direction to the first respondent to dispose of the R.P.No.4 of 2016 dated 11.06.2016. 5.Heard both sides and perused the materials available on record.

6.It is seen that the Revision Petition is still pending and no orders has been passed.

7. Considering the facts and circumstances of this case, a Mandamus is issued to the first respondent to dispose of the Revision Petition No.4 of 2016 dated 11.06.2016 and pass appropriate order in accordance with the law on or before 30.04.2020, if necessary issue notice to the petitioner and also the contesting parties.

With the above directions the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tta To 1.The Joint Commissioner, Coimbatore.

2.The Assistant Commissioner, Dr.BalaSundaram Road, Coimbatore-18.

+1 cc to Mr.S.Sithirai Anandham, Advocate Sr.No. 16319 +1 cc to The Government Pleader(HR & CE), Sr.No. 17397 W.P.No.4400 of 2020 PP(CO) RMP(22/07/2020)