Madras High CourtWP/16162/2017disposed of

Kadambadi Inoothy Vagai Kongu v. The Secretary

2017-06-28Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.06.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.16162 of 2017 1 Kadambadi Inoothy Vagai Kongu Chettiar Dharmaparibalana Sabai Rep.by General Secretary D.Thirunavukkarasu 308 F2, Kamaraj Street Extension Siva Dharisanam Illam, Avinashi Thirupur District 641 654 2 D.Thirunavukkarasu ... Petitioners v.

1 The Secretary Government of Tamil Nadu Toruism Culture & Religious Endowment Department Fort St. George Chennai 600 009 2 The Commissioner Hindu Religious & Charitable Endowment Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034 3 The Joint Commissioner Hindu Religious & charitable Endowment Department Coimbatore Division Dr.Balasundaram Road Coimbatore District 641 018 4 The Assistant commissioner Hindu Religious & charitable Endowment Department Tirupur Division Veeraraghava Perumal Temple Campus Tirupur 641 604 5 A/m.Avilanshalingeswarar Temple Rep.by its Executive Officer Avinashi Tiupur District 641 654 ... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents 2 to 5 to defer further proceedings in pursuance to the order dated 4.4.2017 made in R.P.No.116/2017 passed by the 2nd respondent confirming the order dated 30.1.2017 of the 3rd respondent made in M.P.No.109/2015/A1 till the disposal of the above Revision Petition filed on 19.4.2017 and pending before the 1st respondent. For Petitioner : Mr.V.Srikanth For Respondents : Mr.M.Maharaja Spl. Govt. Pleader (HR & CE)

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 2 to 5 to defer further proceedings in pursuance to the order dated 4.4.2017 in R.P.No.116 of 2017 passed by the 2nd respondent confirming the order dated 30.01.2017 of the 3rd respondent made in M.P.No.109/2015/A1 till the disposal of the above Revision Petition filed on 19.04.2017 before the 1st respondent.

2. Mr.V.Srikanth, learned counsel appearing for the petitioner submitted that, challenging the order passed by the 2nd respondent dated 04.04.2017 in R.P.No.116 of 2017, the petitioner preferred a Revision Petition before the 1st respondent on 19.04.2017 and the same is pending. The learned counsel further submitted that in view of the order passed by the respondents 2 and 3, it is clear that the respondents may precipitate the matter during the pendency of the matter pending before the first respondent and therefore, the 1st respondent may be directed to dispose of the revision at the earliest.

3. Mr.M.Maharaja, learned Special Government Pleader, taking notice for the respondents submitted that the 1st respondent may be directed to consider the petitioner's Revision Petition filed on 19.04.2017, challenging the order passed by the 2nd respondent on 04.04.2017, in accordance with law, within a time frame.

4. In view of the submissions made by the learned counsel on either side, without going into the merits of the case, I direct the 1st respondent to consider the petitioner's Revision Petition filed on 19.04.2017

preferred against the order passed by the 2nd respondent in R.P.No.116 of 2017, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With this observation, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar Rj To 1 The Secretary Toruism Culture & Religious Endowment Department Fort St. George Chennai 600 009 2 The Commissioner Hindu Religious & Charitable Endowment Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034 3 The Joint Commissioner Hindu Religious & charitable Endowment Department Coimbatore Division Dr.Balasundaram Road Coimbatore District 641 018 4 The Assistant commissioner Hindu Religious & charitable Endowment Department Tirupur Division Veeraraghava Perumal Temple Campus Tirupur 641 604 5 The Executive Officer, A/m.Avilanshalingeswarar Temple Avinashi Tiupur District 641 654 +1cc to Government Pleader sr.44958 W.P.No.16162 of 2017 sks(co) ss(14/7/2017)