Madras High CourtWP/8723/2021disposed of

S.Arunachalam v. The Executive Officer,

2021-04-08Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition No.8723 of 2021 S.Arunachalam .. Petitioner Vs 1 The Executive Officer, Arulmigu Vellai Pillaiyar Thirukovil, Attur Town, Salem District - 636 102.

2 Joint Commissioner Hindu Religious and Charitable Endowments Administration Department No.319, Thirugnanasambandar Street, State Bank Colony, Salem - 636 004.

3. Assistant Commissioner Hindu Religious and Charitable Endowments Administration Department No.319, Thirugnanasambandar Street, State Bank Colony, Salem - 636 004.

4 The Commissioner Hindu Religious and charitable Endowments Department No.119 Uthamar Gandhi Salai Thousand Lights West, Nungambakkam Chennai-600 034

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the 4th respondent to consider and dispose of the petition for stay of the order dated 12.03.2021 made in M.P.No.88/2019/A1 filed in Tapal No.15458 of 2021 u/s 21(6) of the Hindu Religious and Charitable Endowments Act, 1959 within a time frame to be fixed by this Court and until such time grant an order of stay of the above order.

For Petitioner : Mr.S.R.Raghunathan For Respondents : Mr.M.Karthikeyan Special Government Pleader

O R D E R

Mr.M.Karthikeyan, learned Special Government Pleader accepts notice for the respondents and is armed with instructions to proceed with the matter finally. Since the matter falls within a short compass and both counsel are agreeable for final disposal of the matter even at the stage of admission, I proceed to dispose the matter finally at this juncture.

2. The short prayer of the petitioner is for a mandamus directing the 4th respondent, i.e., the Commissioner, Hindu Religious and Charitable Endowments Department, to consider and dispose the petition for stay of order dated 12.03.2021, passed under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 (in short 'Act'), in respect of which, a revision application under Section 21(6) of the Act is pending before R4.

3. The stay application is admittedly pending disposal and Mr.Karthikeyan would submit that the same would be disposed within a period of four (4) weeks from today after hearing the petitioner. This is recorded.

4. With the aforesaid submission, the mandamus sought for stands achieved and nothing further survives in this matter. This Writ Petition is disposed. Status quo, as of today, will continue for a period of four (4) weeks from today or till the disposal of the stay application, whichever is earlier. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sl To 1 The Executive Officer, Arulmigu Vellai Pillaiyar Thirukovil, Attur Town, Salem District - 636 102.

2 Joint Commissioner Hindu Religious and Charitable Endowments Administration Department No.319, Thirugnanasambandar Street, State Bank Colony, Salem - 636 004.

3. Assistant Commissioner Hindu Religious and Charitable Endowments Administration Department No.319, Thirugnanasambandar Street, State Bank Colony, Salem - 636 004.

4 The Commissioner Hindu Religious and charitable Endowments Department No.119 Uthamar Gandhi Salai Thousand Lights West, Nungambakkam Chennai-600 034 +1cc to Mr.S.R.Raghunathan, Advocate, S.R.No.22053 Writ Petition No.8723 of 2021 GSM(CO) KM(29/04/2021)