Sri Sakthi Vinayagar v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.15376 of 2017 Sri Sakthi Vinayagar Balamurugan Trust Rep. By its Founder & Managing Trustee M. Venkatesalu, S/o. Muthusamy Naidu, No.366, Avarampalayam Road, Sidhapudur, Coimbatore - 641 044.

... Petitioner Vs.

1.The Secretary to Government Secretariat, Chennai.

2.The Commissioner, Nungambakkam, Chennai - 600 034.

3.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Balasundaram Road, Coimbatore - 641 018.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent herein to dispose of the petitioner's appeal in RP No.13 of 2017, dated 30.09.2016 within a time frame fixed by this court after affording sufficient opportunity to the petitioner.

For Petitioner : Mr.N.C. Ashok Kumar For Respondents : Mr.M. Maharaja, Special Government Pleader (HR & CE)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 1st respondent to dispose of the petitioner's appeal in Appeal No.*13 of 2017 dated 15.12.2016 within a time frame.

2.Mr.N.C.Ashok Kumar, learned counsel appearing for the petitioner submitted that though the petitioner has filed the appeal as early as on 15.12.2016, the same has not yet been disposed of by the 1st respondent.

3.Mr.M. Maharaja, learned Special Government Pleader (HR & CE) taking notice for the respondents submitted that the 1st respondent may be directed to dispose of the appeal, within four months in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to dispose of the appeal in Appeal No. *13/2017 dated 15.12.2016, on merits in accordance with law, after giving notice to all the interested parties, within a period of four months from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) Dated:29/06/2017 Corrected as per Order of this Court dated 28.07.2017 and made herein sdAssistant Registrar(CCC) Dated:10/08/2017 //True Copy// Sub Assistant Registrar va/nl To

1. The Secretary to Government To be Substituted to the Order already despatched Secretariat, Chennai.

On 13/07/2017

2. The Commissioner, Nungambakkam, Chennai - 600 034.

3. The Assistant Commissioner, Balasundaram Road, Coimbatore - 641 018.

+1cc to Mr.N.C.Ashok Kumar, Advocate, S.R.No.43407 +1cc to the Government Pleader, S.R.No.43338 W.P.No.15376 of 2017 MSM(CO) CA(30/06/2017) GN(10/08/2017)