Sri Santhana Srinivasa Perumal v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.12176 of 2015 and M.P.No.1 of 2015 Sri Santhana Srinivasa Perumal Public Charitable Trust, Represented by its Trustee/ Treasurer Sri.V.Venkateswaran
...Petitioner
Vs.
1. The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
3. The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 3rd respondent and to quash the notice dated 07.04.2015 in Na.Ka.No.934/2015/A1, issued by the 3rd respondent. For Petitioner :
Mr.E.J.Ayyappan For Respondents :
Mr.M.L.Mahendran Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The third respondent in proceedings in Na.Ka.No.934/2015/A1 dated 07.04.2015 which is the order impugned herein, has taken note of the report of the fit person dated 01.03.2015 and would submit, from his report there appears to be some irregularities and therefore calling upon the petitioner trust as well as the 'Santhana Lakshmi Thayar Trust' to produce the accounts on 20.04.2015 failing which, available documents will be taken into consideration and further proceedings will be initiated. The petitioner trust in response to the same, submitted its reply dated 18.04.2015. The grievance expressed by the petitioner is that in the interregnum, further precipitative action is being taken, therefore came forward to file this writ petition.
3.Heard the submissions of Mr.E.J.Ayyappan, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate who accepts notice for the respondents. 4.This Court without going into the merits of the impugned order as well as the reply dated 18.04.2015, directs the third respondent to take into consideration the reply dated 18.04.2015 submitted by the petitioner and provide an opportunity of personal hearing to the representative of the trust, and pass orders in accordance with law, as expeditiously as possible and not later than twelve weeks from the date of receipt of a copy of this order and till then, defer further proceedings in pursuant to the impugned communication dated 07.04.2015.
5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar pri
To
1. The Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
3. The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.
1 CC to Mr.E.J.Ayyappan, Advocate SR.No.22435 1 CC to the Government Pleader, SR.No. 22781 W.P.No.12176 of 2015 BKY (CO) PSI (18.05.2015)