S.P.S.Nathan@Amurdeswaranathan v. The District Collector And Special Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.06.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH SPS. Nathan @ Amrutheeswaranathan, President, Parambarai Sthanigar Sangam, No.4, Vellalar Street, Thirunallar 609 607.

Karaikkal District, Puducheery State.

...Petitioner

Vs 1.The District Collector and Special Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

2.The Executive Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

... Respondents PRAYER: Review Petition filed under Order 47 Rule 1 of Civil Procedure Code to review order dated 20.01.2021 passed in W.P.No.16825 of 2019. For Petitioner : Mr.R.Kamaraj For Respondents : Mr.R.Sreedhar, Additional Government Pleader (Puducherry)

O R D E R

Heard Mr.Kamaraj, learned counsel for the petitioner and Mr.R.Sreedhar, learned Additional Government Pleader for the respondents, being the District Collector and Special Officer, Sri Dharbaraneswar Swami Devasthanam (in short 'temple'/'temple in question') and Executive Officer of the temple in question.

2. In the Writ Petition, the petitioner had prayed for a writ of mandamus directing the respondent to take action on his representation dated 10.01.2019 for retention of the "Warai" in the Nataraja Sannadhi of the temple in question. The Writ Petition had been disposed by this Court on 20.01.2021. It had been noted, in conclusion, that mandamus could not be issued as the representation of the petitioner had already been considered and rejected by R2 vide order dated 10.01.2019.

3. The present Review Application has been filed by the petitioner complaining that order dated 10.01.2019 has not been served upon the petitioner and hence the petitioner is unable to take effective action against the same.

4. Mr.Sreedhar would concede to the delay till date in serving order dated 10.01.2019 upon the petitioner and the reason put forth is paucity of staff.

5. While I am unconvinced of the explanation tendered, as it was incumbent upon the authorities to have served order dated 10.01.2019 within a reasonable time to the petitioner to enable him to take action against the same, to mitigate further hardship to the petitioner and to ensure that at least now the needful be done, a direction is issued to R2 to serve the order by end of day today upon the petitioner as well as place a copy of the same on the file of this Court along with a memo, enclosing the acknowledgement of receipt of the order upon the petitioner.

6. With this, and as learned counsel for the petitioner does not press the Review Application any further, in view of the direction as above, this Review Application is closed. No costs.

sl 14.06.2023 Index : Yes / No Speaking Order / Non Speaking Order

Dr.ANITA SUMANTH,J.

To 1.The District Collector and Special Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

2.The Executive Officer, Sri Dharbaraneswar Swami Devasthanam, Thirunallar, Karaikal District, Puducherry State.

14.06.2023