Mrs.Malliga v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Malliga
...Petitioner
Vs
1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Vellore No.12 and 54, Sons Plaza,1st Floor, Sathuvacheri Periya Theru, Sathuvacheri, Vellore- 632 009
2. M.R.Ramanan
3. Varalakshmi
4. Vanathatchi
5. Saraswathi
6. T. Lakshmi
7. Kuppuswamy 8.Mohan Andal 1/7
9. Sankari
10. Purushothaman
11. Selvamani
12. Kamala 13.Alli 14.Manonmani 15.Kannan 16.Prema 17.Venkataraghavan 18.Babu
19. Manimegalai 20.Padmini 21.Sridharan
22. Kalaiselvi 23.T.Yuvakumar 24.Kandasamy 25.Durgalakshmi 26.T.G.Thulasingham 27.Kotteswaran 2/7
28.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Vellore Division, Vellore
29. The Inspector, Hindu Religious and Charitable Endowment Department, Vellore Division, Vellore
30. The Fit Person A.M Sundararaj Perumal and Thathreeswarar Thirukoil, Thirumanam Village, Pattbiram, Chennai-600 072 Administrative Office at A/m Thirumazhisai Alwar Temple, Thirumazhisai, Thiruvallur District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to expedite the proceedings under Section 63(b) of the Hindu Religious and Charitable Endowments Act bearing number Oa.No.1 of 2018 pending on the file of the first respondent and dispose the said proceedings within the time limit fixed by this Court and pass orders. For Petitioner : Mr.G. Bharathi For Respondent- 1 : Mr.K. Karthikeyan Government Advocate 3/7
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.This Writ Petition has been filed seeking a direction to expedite the proceedings under Section 63(b) of the Hindu Religious and Charitable Endowments Act bearing number O.a.No.1 of 2018 pending on the file of the first respondent and dispose the said proceedings within the time limit fixed by this Court 3.The case of the petitioner is that the the 23rd respondent herein is the hereditary trustee of the Arulmigu Sundaraja Perumal Thirukovil and Arulmigu Thathreeswarar Thirukoil situated at Thirumanan Village, Pattabiram, Chennai 600 072. The sum and substance of the case is that there was a partition between one Thiru Ramanatha Mudaliyar and Thiru Nalla Chinna Thambi Mudaliyar and according to the said partition deed the elder members of the two families should administer the two temples in question. By virtue of the said partition deed, it is the second 4/7
respondent who is entitle to inherit the post of hereditary trustee. Hence, the second respondent herein has filed O.a.No.1 of 2018 under Section 63(b) of the Hindu Religious and Charitable Endowments Act before the first respondent and the same is pending. Hence, this petition.
4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first respondent to expedite the proceedings under Section 63(b) of the Hindu Religious and Charitable Endowments Act bearing number O.a.No.1 of 2018.
5. The learned Government Advocate appearing for the first respondents submitted that they will consider the case of the petitioner along with R.C.Nos.1706 of 2016 and 9227 of 2018 which is pending on the file of the first respondent.
6. Considering the facts of the case, this Court without expressing any opinion on the merits of the case directs the first respondent to dispose of the O.a.No.1 of 2018 and pass orders after conducting an enquiry by affording reasonable opportunity of hearing to the petitioner 5/7
as well as the concerned parties, within a period of five months from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
03.06.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Vellore No.12 and 54, Sons Plaza,1st Floor, Sathuvacheri Periya Theru, Sathuvacheri, Vellore- 632 009 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Vellore Division, Vellore
3. The Inspector, Hindu Religious and Charitable Endowment Department, Vellore Division, Vellore 6/7
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.12658 of 2024 03.06.2024 7/7