B.Saroja v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.13423 of 2019 B.Saroja

...Petitioner

Vs.

1. The Joint Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Salai, Coimbatore - 641 018.

2. Mrs.G.Anusyadevi

3. The Deputy Commissioner/ Executive Officer, A/m. Bannari Mariamman Temple, Bannari, Sathyamangalam Taluk, Erode District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to dispose the petition in M.P.No.60 of 2018 filed on 15.05.2018 pending on the file of Joint Commissioner of H.R & C.E., Coimbatore within the time bound manner. For Petitioner :

Mr.A.Mohamed Ismail For Respondents :

Mr.M.Maharaja, Special Government Pleader for R1 and R3.

O R D E R Mr.M.Maharaja, learned Special Government Pleader, takes notice for the respondents 1 and 3. Since this writ petition is being disposed of without affecting the interest of the 2nd respondent, notice to 2nd respondent is dispensed with.

2. The petitioner seeks for a mandamus, directing the first respondent to dispose of M.P. 60 of 2018, where the petitioner has sought to declare that she is the person next in line of https://hcservices.ecourts.gov.in/hcservices/

succession to the office of Hereditary Trusteeship of A/m. Bannari Mariamman Temple situated in Bannari, Sathyamangalam, Erode District, after C.V.Rajendran.

3. Heard both sides.

4. The grievance of the petitioner before this Court is that the said M.P. is still pending and not disposed of by the respondent so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 1st respondent to consider and decide. Thus, this writ petition is disposed of, only with a direction to the 1st respondent to dispose of the M.P.No.60 of 2018 and pass orders on the same on merits and in accordance with law. Such exercise shall be done by the 1st respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The Joint Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Salai, Coimbatore - 641 018.

2. The Deputy Commissioner/ Executive Officer, A/m. Bannari Mariamman Temple, Bannari, Sathyamangalam Taluk, Erode District.

+1cc to Government Pleader in CASR.43051/19 +1cc to Mr.A.Mohamed IsmailAdvocate in CASR.42935/19 W.P.No.13423 of 2019 NA(CO) SNI(24/05/2019) A.SK(03/07/2019) https://hcservices.ecourts.gov.in/hcservices/