N.Natarajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.25185 of 2015 & M.P.No.1 of 2015 N.Natarajan .. Petitioner v.

1. The Commissioner Hindu Religious and Charitable Endowment Board No.119, Uthamar Gandhi Salai Nungambakkam, Chennai-600 034 2 The Joint Commissioner, Hindu Religious and Charitable Endowment Board 3 The Assistant Commissioner Hindu Religious and Charitable Endowment Board 4 The Inspector (Circle 6) Hindu Religious and Charitable Endowment Board 5 The Executive Officer Arulmigu Sakthi Vinayagar Temple, P.T.Rajan Salai K.K.Nagar, Chennai-78 6 Mr.G.Mohan .. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari, calling for the order dated 27.5.2015 on the file of the 3rd respondent in Su.Mu.Na. Ka. No.800/2015/A1 passed under Section 49(1) of Tamil Nadu Hindu Religious and Charitable Endowment Act 1959 and the 5th respondent's letter dated 20.7.2015 and quash the same.

For Petitioner :

Mr.K.Bhoopathy Rajan For Respondent :

Mr.P.Sanjay Gandhi, Addl. Govt. Pleader - for R1 to R5

ORDER

Challenging the order passed by the 3rd respondent dated 27.5.2015, the petitioner has filed the present writ petition.

2. Admittedly, the order impugned is appealable. Therefore, I am not inclined to exercise the discretionary jurisdiction under Article 226 of The Constitution of India. However, considering the facts and circumstances of the case, the petitioner is given a further period of four weeks from the date of receipt of a copy of the order, to file appropriate appeal before the authority concerned. As and when such an appeal is filed within the above said period, the appellate authority will have to decide the same on merits and in accordance with law, without rejecting it on the ground of limitation. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj To

1. The Commissioner Hindu Religious and Charitable Endowment Board No.119, Uthamar Gandhi Salai Nungambakkam, Chennai-600 034 2 The Joint Commissioner, Hindu Religious and Charitable Endowment Board 3 The Assistant Commissioner Hindu Religious and Charitable Endowment Board

4 The Inspector (Circle 6) Hindu Religious and Charitable Endowment Board + 1 cc to M.K. Bhoopathy Rajan, Advocate SR.43090 + 1 cc to Government Pleader Sr.42740 W.P.No.25185 of 2015 & M.P. No.1 of 2015 NM(CO) Eu 21.08.15