N.Kesavan, v. The Joint Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.01.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.1975 of 2015 N.Kesavan
...Petitioner
versus 1.
The Joint Commissioner Coimbatore Division Hindu Religious and Charitable Endowment Department Coimbatore.
2.
The Inspector Coimbatore (West) Hindu Religious and Charitable Endowment Department Mettupalayam Coimbatore.
3.
Sri Siva Subramania Swami Bhajanai Madalayam, rep.by its President/ Managing Trustee Thottae Gowder Street Coimbatore.
...Respondents
Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to initiate action and comply with the order of the first respondent bearing Na.Ka.No.8650/2014/Aa1 dated 09.09.2014 within the time that may be fixed by this Court. For Petitioner : Mr.R.Nandhakumar For Respondents : Mr.M.L.Mahendran Government Advocate for RR1 & 2
ORDER
Heard Mr.R.Nandhakumar, learned counsel for the petitioner and Mr.M.L.Mahendran,learned Government Advocate appearing for the respondents 1 and 2.
2. The petitioner seeks for a direction upon the second respondent to initiate action and comply with the order of the first respondent bearing Na.Ka.No.8650/2014/Aa1 dated 09.09.2014 within the time frame.
3. It appears that the petitioner has given a representation with regard to the land said to have been in occupation of the third respondent stating that it is a temple property and hence the same should be included in the list of properties belonging to the temple. The first respondent by proceedings dated 09.09.2014 has issued a direction to the second respondent to conduct inspection and submit a report. Since, so far no action has been taken for almost four months, the present writ petition has been filed.
4. In the light of the above said facts and also taking into consideration the fact that already first respondent has issued a direction to the second respondent to conduct enquiry and submit a report, the same shall be complied with by the second respondent after following due process of law and after affording opportunity of hearing the petitioner as well as the third respondent, within a period of eight weeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of with the above direction. No costs.
Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar vj2
To 1.
The Joint Commissioner Coimbatore Division Hindu Religious and Charitable Endowment Department Coimbatore.
2.
The Inspector Coimbatore (West) Hindu Religious and Charitable Endowment Department Mettupalayam Coimbatore.
1 CC to Mr.R.Nandhakumar, Advocate SR.No. 4457 1 CC to the Government Pleader, SR.No. 4949 WP.No.1975 of 2015 RSK (CO) PSI (12.02.2015)