Jayalakshmi, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2018
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.Nos.13385 and 13386 of 2018 and W.M.P.Nos.15774 to 15777 of 2018 Jayalakshmi
...Petitioner in
W.P.No.13385/2018 N.Adikesavan
...Petitioner in
W.P.No.13386/2018 Vs 1.The Principal Secretary to Government of Tamilnadu, Tourism Culture and Religious Endowments Department, Fort St. George, Chennai 600 009.
2.The Commissioner of HR & CE, Nungambakkam High Road, Chennai 600 034.
3.The Executive Officer, Arulmighu Kapaleeswar Temple, Mylapore, Chennai 600 004
...Respondents in both W.Ps.
COMMON PRAYER : Petitions filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the records of the 3rd respondent in respect of item Nos.16 to 19 (for Shop Nos.41/A, 41/4, 41/B, 41/C) and item Nos.20 to 23 (for Shop Nos.39/1, 39/2, 39/3 and 39/4) respectively, all situated at Ramakrishna Mutt Road, Mylapore, Chennai mentioned in the publication made on 22.05.2018 in the Tamil Daily Newspaper Dhina Thanthi to be held on 06.06.2018, Wednesday or any other extended date and time, quash the same in as much as the petitioner is concerned and also to direct the 1st respondent to pass orders either in the revision petition or petition for stay, direction, etc., filed by the petitioners herein as early as possible.
For Petitioner : Mr.V.Raghupathi For Respondents : Mr.M.Maharaja Special Government Pleader for HR & CE
C O M M O N O R D E R Challenging the public auction issued by the 3rd respondent in respect of item Nos.16 to 19 (for Shop Nos.41/A, 41/4, 41/B, 41/C) and item Nos.20 to 23 (for Shop Nos.39/1, 39/2, 39/3 and 39/4) respectively the petitioners have filed the present Writ Petitions. 2.Aggrieved by the orders dated 07.08.2017 passed by the Commissioner of HR & CE in R.P.Nos.135 and 25 of 2017, the writ petitioners have filed appeals before the 1st respondent and the same are pending.
3.Now, after some arguments, the learned counsel for the petitioners as well as the learned Special Government Pleader, HR & CE, appearing for the respondents submitted that the 1st respondent may be directed to dispose of the appeals filed by the petitioners within a time framed to be fixed by this Court.
4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the 1st respondent is directed to dispose of the appeals said to have been filed by the petitioners on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioners and all other necessary parties, if any, within a period of four (4) weeks from the date of receipt of a copy of this order.
5.The Writ Petitions stand disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar gsa To 1.The Principal Secretary, Government of Tamilnadu, Tourism Culture and Religious Endowments Department, Fort St. George, Chennai 600 009.
2.The Commissioner of HR & CE, Nungambakkam High Road, Chennai 600 034.
3.The Executive Officer, Arulmighu Kapaleeswar Temple, Mylapore, Chennai 600 004.
+1 CC TO M/S.V.RAGHUPATHI Advocate SR.NO. 58633 +1 CC TO GOVERNMENT PLEADER SR.NO. 58530 W.P.Nos.13385 and 13386 of 2018 and W.M.P.Nos.15774 to 15777 of 2018 AK(CO) ASK(28/08/2018)