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Madras High CourtWP/7910/2018disposed of

Smt.K.Kasthuri Bai v. The Commissioner

2018-04-09Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7910 of 2018 Smt.K.Kasthuri Bai ..

Petitioner -vs1. The Commissioner HR & CE Department Chepauk Chennai 600 005

2. The Joint Commissioner HR & CE Admin Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai 600 034

3. The Assistant Commissioner HR & CE Admin Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai 600 034

4. Sri.P.Prabhakaran Chettiar

5. Smt.Adilakshmi

6. Sri.S.Sankar

7. Sri.S.Kanniappan

8. Sri.S.Ganesan

9. Smt.B.Rani 10.Smt.M.Prema 11.Smt.B.Latha 12.Smt.V.Banumathi 13.Sri.A.Gajapathy 14.Sri.A.Ravi 15.Sri.A.Venkatesan 16.Smt.C.Anusuya 17.Sri.S.Sridhar 18.Smt.S.Vijayalakshmi ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned proceedings

of the third respondent bearing Na.Ka.No.4203/2014/A2 dated 13.03.2018 quash the same and consequently direct the second respondent not to follow the point wise valuation system by conducting the election for managing trustee and only to follow the rotational system, which was already followed by hereditary legal heirs for selecting and electing the managing trustee of the temple.

For Petitioner ::

Mr.V.Raghavachari for Mr.M.Kempraj For Respondents ::

Mr.M.Maharaja Special Government Pleader for R1 to 3 Ms.G.Sumitra for R4 to 8 & 13 to 17

ORDER

This writ petition is directed against the impugned order passed by the Assistant Commissioner of Hindu Religious and Charitable Endowments Department, the third respondent herein in Na.Ka.No.4203/2014/A2 dated 13.03.2018 selecting the hereditary trustees of Arulmighu Kadumbadi Chinnamman Thirukoil situated at No.53, Jayaram Chetty Street, West Saidapet, Chennai, which was established and founded by late Nallandi Chettiar in the year 1832.

2. After some arguments, Mr.V.Raghavachari, learned counsel for the petitioner submitted that the application filed under Section 64 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for framing a Scheme has already been dismissed by the Joint Commissioner of Hindu Religious and Charitable Endowments Department on 1.11.2017. As against that, an appeal has been filed in A.P.No.6 of 2018, which is pending on the file of the Commissioner, Hindu Religious and Charitable Endowments Department, the first respondent herein. Therefore, if a direction is issued to the first respondent to consider the disposal of the pending appeal on merits and in accordance with law expeditiously, no one would be put to any problem.

3. Mr.M.Maharaja, learned Special Government Pleader for the respondents 1 to 3, agreeing to the said suggestion, submitted that if two months time is given to the first respondent to consider the pending appeal, the same will be disposed of on merits and in accordance with law. He also submitted that the first respondent has been following the High Court calendar and normally would not be sitting in the month of May.

4. This Court, accepting his request, hereby directs the first respondent to consider the pending appeal filed by the petitioner in A.P.No.6 of 2018 on merits and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. Needless to mention that the first respondent can follow the High Court calendar and adhere to the time limit of two months. The writ petition stands disposed of accordingly. Consequently, W.M.P.Nos.9862 to 9864 of 2018 are closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To

1. The Commissioner HR & CE Department Chepauk Chennai 600 005

2. The Joint Commissioner HR & CE Admin Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai 600 034

3. The Assistant Commissioner HR & CE Admin Department No.119, Uthamar Gandhi Salai Nungambakkam Chennai 600 034 +1cc to Mr.M.Kempraj, Advocate Sr.No.25776 +1cc to M/s.G.Sumitra, Advocate SR.No.26010 +1cc to Government Pleader Sr.No.26443 AK(CO) sm:28.4.2018 W.P.No.7910 of 2018