A.S.Raja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN A.S.Raja ... Petitioner Vs The Commissioner, Hindu Religious & Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

.. Respondent Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondentCommissioner, Chennai of the Hindu Religous and Charitable Endowment Department (Hr and Ce) - the respondent herein, to dispose the appeal vide Appeal No.22 of 2020 as expeditiously as possible within a reasonable time frame as fixed by this Court. For Petitioner : Mr.B.Jagannath For Respondent : Mr.K.Karthikeyan, Government Advocate (HR&CE) ******* 1/5

O R D E R

This Writ Petition has been filed to direct the respondentCommissioner, Chennai of the Hindu Religous and Charitable Endowment Department (HR & CE) - the respondent herein, to dispose the appeal pending on its file vide Appeal No.22 of 2020 as expeditiously as possible.

2. Heard the learned counsel for the petitioner and Mr.K.Karthikeyan, learned Government Advocate appearing for the respondent (HR&CE).

3. After hearing the learned counsel for the petitioner for sometime, I find that the sum and substance and the grievance of the petitioner herein is that, the appeal No.22/2020 pending before the sole respondent herein is being adjourned from time to time. The petitioner is claiming to perform to hereditary rights in the 'Sri Kannairam Bajanai Madam at Sholingur temple', Sholingur.

4. It is the case of the petitioner is that on 08.01.1937 our kudi mirasi rights and other rights pertaining to the entitlement of Mirasukudi Brahma Utsavam and of the Maryadaas shown to Ubayatras 2/5

during all Utsavams were to be bestowed upon our Bajana Madam and this was confirmed by the judgment dated 08.01.1937 made in O.S.No.178 of 1936 which was filed before the District Munsif Court, Sholingur wherein the petitioner's grandfather Late Kuppuswami Mudaliyar was the 5th defendant.

5. The learned Government Advocate takes notice for the respondent/HR&CE Department and states that the case is posted on 29.03.2023 for hearing.

6. Without going into the merits of the above claim, it would suffice to pass an order directing the respondent to dispose of the appeal pending in A.No.22 of 2020 within a period of three months from the date of receipt of a copy of this order, by following due process of law.

7. The Writ Petition is disposed of in the above terms. No costs. 17.03.2023 nvi Index:Yes/No 3/5

To The Commissioner, Hindu Religious & Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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RMT.TEEKAA RAMAN,J., nvi 17.03.2023 5/5