G.M.Babu v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 16423 of 2020 G.M.Babu ... Petitioner -vs1. The Joint Commissioner, Hindu Religious & Charitable Endowments (Admn) Department, Coimbatore - 641 018.

2. The Executive Officer, A/m. Muthuvinayagar and Kamatchiamman Temple, Punjai Puliampatti, Sathyamangalam Taluk, Erode District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to dispose of the Petitioner's petition dated 07.09.2016 filed under Section 54(2) of the Tamil Nadu HR & CE Act, 1959, within the time frame to be fixed by this court in the interest of the Religious institution.

For Petitioner :

Mr. R.Vinothraja for Mr. N.Manoharan For Respondents:

Mr. R.Venkatesh, Government Advocate

O R D E R

(through video conference) Heard Mr. Vinothraja, Learned Counsel appearing for the Petitioner and Mr. R.Venkatesh, Learned Government Advocate who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for a direction to the First Respondent to dispose of the petition dated 07.09.2016 filed by the Petitioner under Section 54(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3.

Learned Government Advocate appearing for the Respondents, on instructions, states that enquiry has already commenced in the matter and next hearing has been fixed at https://hcservices.ecourts.gov.in/hcservices/

11.30 a.m. on 02.12.2020 before the First Respondent and that the matter would be disposed within a period of eight weeks thereafter. He has also filed a memo to that effect, which is placed on record. The First Respondent shall file a report of such compliance by 31.01.2021 before the Registrar (Judicial) of this Court.

4.

It is incumbent upon the First Respondent, after affording full opportunity of personal hearing to all persons concerned, deal with each of the contentions raised by them and pass reasoned orders on merits and in accordance with law, following the prescribed procedure in consonance with the principles of natural justice and communicate the decision taken to the parties concerned under written acknowledgment. The Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vjt/dm To

1. The Joint Commissioner, Hindu Religious & Charitable Endowments (Admn) Department, Coimbatore - 641 018.

2. The Executive Officer, A/m. Muthuvinayagar and Kamatchiamman Temple, Punjai Puliampatti, Sathyamangalam Taluk,Erode District.

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. G.M.Babu, S/o. Late G.Murugesan, Muthuvinayagar Koil Street, Punjai Puliampatti, Sathyamangalam Taluk, Erode District.

+1cc to Mr.N.Manokaran , Advocate SR.No. 37192 +1 cc to Government Pleader Sr.No. 37632 W.P. No. 16423 of 2020 A.SK(27/11/2020) https://hcservices.ecourts.gov.in/hcservices/