D.Sureshbabu v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.30510 of 2023 D.Sureshbabu ... Petitioner versus 1.The Commissioner, The Department of Hindu Religious and Charitable Endowments, Utthamar Gandhi Salai, Nungambakkam, Chennai - 34.
2.The District Collector, Chengalpet, 3.The District Revenue Officer, Chengalpet, 4.The Revenue Divisional Officer-cum-Sub Collector, Chengalpet, Page Nos.1/7
5.The Thasildar, Thiruporur, 6.The Inspector of Police, Thiruporur Police Station, 7.The Village Administrative Officer, Thiruporur, 8.Executive Officer, Sri Kandhaswami Temple, Thiruporur, 9.The Sub-Registrar, Thiruporur Sub Registrar Office, 10.K.Sankar 11.S.Thirunavukarasu 12.S.Siva 13.S.Vasantha 14.S.Vasu .....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the third respondent to dispose the appeal filed by the petitioner on 17.03.2023, within the time specified by this Court with prior reports from the respondents.
Page Nos.2/7
For Petitioner : Mr.D.Sivakumaran For Respondents : Mr.C.Jayaprakash Government Advocate (HR & CE) for R1 and R8 Mr.Yogesh Kannadasan Special Government Pleader for R2 to R4, R5, R7 and R9 Mr.S.Sugendran Additional Government Pleader for R6
O R D E R
Mr.C.Jayaprakash, learned Government Advocate (HR & CE) takes notice for respondents 1 and 8. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for respondents 2, 3, 4, 5, 7 and 9 and Mr.S.Sugendran, learned Additional Government Pleader takes notice for the 6th respondent. Since no adverse order is passed as against respondents 10 to 14, notice to those respondents is dispensed with.
2. The petitioner seeks for issuance of a Mandamus directing the third respondent to dispose of the appeal filed by him on 17.03.2023, within a stipulated time fixed by this Court with prior reports from the Page Nos.3/7
respondents.
3. The learned counsel for the petitioner submitted that challenging the order passed by the fourth respondent dated 20.01.2023, the petitioner preferred an appeal before the third respondent on 17.03.2023, but no final order has been passed by the third respondent, till date. Hence, the petitioner is before this Court.
4. The learned Special Government Pleader appearing for respondents 2 to 4, 5, 7 and 9 fairly submitted that, so far, no final order has been passed in the appeal filed by the petitioner. He further submitted that the third respondent may be directed to pass orders in the appeal on merits and in accordance with law.
5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the third respondent to pass appropriate orders in the appeal, after giving notice to both the parties and after enquiry Page Nos.4/7
including the petitioner and the respondents 10 to 14, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.
31.10.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Commissioner, The Department of Hindu Religious and Charitable Endowments, Utthamar Gandhi Salai, Nungambakkam, Chennai - 34.
2.The District Collector, Chengalpet, Page Nos.5/7
3.The District Revenue Officer, Chengalpet, 4.The Revenue Divisional Officer-cum-Sub Collector, Chengalpet, 5.The Thasildar, Thiruporur, 6.The Inspector of Police, Thiruporur Police Station, 7.The Village Administrative Officer, Thiruporur, 8.Executive Officer, Sri Kandhaswami Temple, Thiruporur, 9.The Sub-Registrar, Thiruporur Sub Registrar Office, Page Nos.6/7
P.VELMURUGAN, J.
ms 31.10.2023 Page Nos.7/7