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Madras High CourtWP/7162/2012disposed of

M.Arthanari, Poojari-Cum- v. The Joint Commissioner,

2017-12-18Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2017

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.7162 of 2012 & M.P.No.1 of 2012 1.M.Arthanari 2.K.Ponnusamy 3.M.Kandasamy ..

Petitioners Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowments, Salem.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Namakkal.

3. The Fit Person/Inspector, Hindu Religious and Charitable Endowments at Tiruchengode.

4.P.Senguttuvelan ..

Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorari calling for the records relating to the impugned order passed by the Joint Commissioner, HR & CE, Salem, issued in Se.Mu.Na.Ka.No.1893/2011/B2 dated 01.03.2012, relating to placing the hereditary trustees under suspension and appointed fit person and quash the same.

For Petitioner .. Mr.W.C.Sridhar For Respondents.. Mr.M.Maharaja, Spl. Govt. Pleader for R1 to R3 Mr.T.S.Vijayaraghavan for R4

ORDER

The petitioner has approached this Court seeking the following relief:

''To issue a certiorari calling for the records relating to the impugned order passed by the Joint Commissioner, HR & CE, Salem, issued in Se.Mu.Na.Ka.No.1893/2011/B2 dated 01.03.2012, relating to placing the hereditary trustees under suspension and appointed fit person and quash the same.''

2. When the matter is taken up for hearing, it is represented by the learned counsel for the official respondents that an enquiry is pending before the first respondent/Joint Commissioner, Salem. He requested this Court that the first respondent may be directed to conclude the enquiry and pass orders, after hearing the parties concerned within a stipulated time.

3.The contention raised on behalf of the official respondents cannot have any legitimate objection for the petitioner side. In the said circumstances, the first respondent is directed to complete the enquiry in respect of the subject matter in the present writ petition and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. In the mean while, status quo as on today to be maintained till final order is passed.

4.With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar kal To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments, Salem.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Namakkal.

3. The Fit Person/Inspector, Hindu Religious and Charitable Endowments at Tiruchengode.

+ 1 cc to Mr.T.S.Vijayaraghavan Advocate,SR.90099 + 1 cc to M/s.N.Subramaniyan Advocate,SR.90531 + 1 cc to M/s.W.C.Thiruvengadam, Advocate,SR.90119 + 1 cc to The Govt.Pleader, SR.90912 W.P.No.7162 of 2012 & M.P.No.1 of 2012 nr 11/01/2018