Madras High CourtWP/13460/2017disposed of

T.Kumari v. The Commissioner

2017-05-25Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.13460 of 2017 and W.M.P.Nos.14514 and 14515 of 2017 1.T.Kumari 2.S.Nagarajan ... Petitioners Vs.

1. The Commissioner, Hindu Religious Charitable and Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner cum Enquiry Officer, Hindu Religious Charitable and Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Assistant Commissioner, Hindu Religious Charitable and Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

4. The Executive Officer, Arulmigu Agatheeswararswamy Thirukovil, Villivakkam, Chennai - 600 049.

... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent relating to RC.No.1714/2009/A2 dated 25.04.2017, quash the same and consequently direct the respondents 1 to 4 to consider and pass appropriate orders on merits on the petitioner's representations dated 01.07.2009 and 16.11.2016. For Petitioners : Mr.A.S.Vijayaragavan For Respondents : Mr.M.Maharaja Special Government Pleader

O R D E R

Heard Mr.A.S.Vijayaragavan, learned counsel appearing for the petitioners and Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents.

2.Though the learned counsel appearing for the petitioners seeks to make submission on merits, this Court is not inclined to entertain this writ petition in view of the availability of an alternative remedy under Section 21 of the Hindu Religious and Charitable Endowment Act.

3.In such view of the matter, the writ petition is disposed of by giving liberty to the petitioners to exhaust the alternative remedy as indicated above within a period of four weeks from the date of receipt of a copy of this order. As and when such a remedy is sought for, the same will have to be decided without reference to the question of limitation or delay. Till the petitioners approaches the authority under the statute as indicated above, status quo as on today shall be maintained. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cse To

1. The Commissioner, Hindu Religious Charitable and Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner cum Enquiry Officer, Hindu Religious Charitable and Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Assistant Commissioner, Hindu Religious Charitable and Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

4. The Executive Officer, Arulmigu Agatheeswararswamy Thirukovil, Villivakkam, Chennai - 600 049.

+1cc to Mr.A.S.Vijayaragavan, Advocate, S.R.No.38027 +1cc to the Government Pleader, S.R.No.38070 W.P.No.13460 of 2017 and W.M.P.Nos.14514 and 14515 of 2017 SKS(CO) CA(31/05/2017)