M.Ananthakumar v. S.P.Chandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.M.Ananthakumar .. Appellant Vs 1.S.P.Chandran 2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Sivagangai District, Sivagangai.

4.The Fit Person/Thakkar, Arulmigu Adaikalam Katha Iyyanar and Badrakali Amman Thirukoil, Kilmadapuram, Sivagangai.

.. Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 11.5.2022 passed in W.P.No.12606 of 2022.

For the Appellant : Mrs.AL.Ganthimathi Senior Counsel for Ms.S.Meenakshi For the Respondents : Mr.V.Vijay Shankar for respondent No.1 : Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE) for respondent Nos.2 to 4

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) This writ appeal is directed against the order of the learned Single Judge dated 11.5.2022 made in W.P.No.12606 of 2022, whereby the learned Single Judge while disposing of the writ petition observed that it is open to the authority concerned to dispose of the revision petition filed by the first respondent herein one way or the other. While observing so, the learned Single Judge directed that the order dated 22.4.2022 passed by the Joint Commissioner, HR & CE appointing the Fit Person/Thakkar shall be kept in abeyance till the Commissioner, HR & CE, disposes of the

interim application filed by the first respondent herein on merits and in accordance with law.

2. Since in the revision preferred by the first respondent, the appellant has been made as party, the appellant has filed C.M.P.No.8891 of 2022 to grant leave to file an appeal against the order dated 11.5.2022 passed in W.P.No.12606 of 2022. By the order dated 25.5.2022, a Division Bench of this Court granted leave to the appellant to file writ appeal against the order dated 11.5.2022 passed in W.P.No.12606 of 2022.

3. Today, when the writ appeal is taken up for hearing, both learned senior counsel appearing for the appellant and learned counsel appearing for the first respondent jointly made a statement that this writ appeal may be closed directing the Commissioner, HR & CE to proceed with the revision on merits and in accordance with law.

4. In view of the joint statement made by learned senior

counsel for the appellant as well as learned counsel for the first respondent, we direct the Commissioner, HR & CE, the second respondent herein, to dispose of the revision preferred by the first respondent herein, within a period of four weeks from the date of receipt of a copy of this judgment. The appellant and the first respondent are directed to cooperate with the second respondent Commissioner, HR & CE for early disposal of the revision.

5. Accordingly, the writ appeal is closed. There will be no order as to costs. Consequently, C.M.P.Nos.8982 of 2022 and 3357 of 2023 are also closed.

It is needless to mention that till the disposal of the revision, the interim order of stay dated 26.5.2022 granted by this Court in this appeal shall continue.

(T.R., ACJ.) (D.B.C., J.) 06.04.2023 Index : No bbr

To 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Sivagangai District, Sivagangai.

3.The Fit Person/Thakkar, Arulmigu Adaikalam Katha Iyyanar and Badrakali Amman Thirukoil, Kilmadapuram, Sivagangai.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 06.04.2023