R.Ranganathan v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.NO.19190 OF 2017 R.Ranganathan .. Petitioner Vs

1. The Principal Secretary to Government Department of Tourism, Culture and Religious Endowments, Fort St. George, Chennai 9.

2. The Commissioner, HR& CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai 34.

3. The Joint Commissioner, HR& CE Department, Commercial Tax Building, Ground Floor, Dr.Balasundaram Road, Coimbatore 641 018.

4. U.Jeegadeesan Hereditary Trustee, Arulmigu Balamalai Aranganathar Thirukoil, Balamalai Nayakan Pallayam Post Coimbatore Taluk, Coimbatore 641 020. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 1st respondent to dispose of the appeal filed by the petitioner against the order of the 2nd respondent by proceedings in RC.No.321/2016 dated 18.04.2017, confirming the order of the 3rd respondent by proceedings in M.P.No.3/2002/A 1 dated 16.08.2016.

For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.M.Maharaja, SGP (R1-3)

ORDER

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the 1st respondent to dispose of the appeal filed by him as against the order of the 2nd respondent by proceedings dated 18.04.2017, confirming the order of the 3rd respondent dated 16.08.2016.

3. The learned counsel appearing for the petitioner submitted that the petitioner had filed an appeal on 03.05.2017 before the 1st respondent, however, the same has not yet been disposed of by the 1st respondent.

4. Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the 1st respondent may be directed to dispose of the appeal filed by the petitioner, in six months' time, in accordance with law.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's appeal and dispose of the same on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order, after giving an opportunity of hearing to all the interested parties. With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rg To

1. The Principal Secretary to Government Department of Tourism, Culture and Religious Endowments, Fort St. George, Chennai 9.

2. The Commissioner, HR& CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai 34.

3. The Joint Commissioner, HR& CE Department, Commercial Tax Building, Ground Floor, Dr.Balasundaram Road, Coimbatore 641 018.

+1cc to Mr.P.Saravana Sowmiyan, Advocate, S.R.No.53694 +1cc to the Government Pleader, S.R.No.54473 W.P.No.19190 of 2017 GJII(CO) CS/08/08/17