N.Sankaran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. No. 1 of 2014
1. N.Sankaran
2. P.Shanmugam
3. N.Baskaran
4. T.Gowri Bai
5. K.Bakthavachalam
6. V.Kannan ... Petitioners -vsThe Commissioner, Hindu Religious & Charitable Endowments (Admn) Department, Nungambakkam High Road, Chennai - 34.
... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent herein to number the above said suo motu revision petition filed by the Petitioners herein on 27.03.2014 and to pass orders in the above suo motu revision petition filed under Section 21(1) of the HR & CE Act 22 of 1959. 1/6
For Petitioners :
No appearance For Respondent :
Mr. K.Karthikeyan, Government Advocate
O R D E R
Heard Mr. K.Karthikeyan, Learned Government Advocate appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Writ Petition has been filed for directing the Respondent to number the suo motu Revision Petitions filed by the Petitioners on 27.03.2014 under Section 21(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
3.
It has been brought to notice that Mr. W.C.Thiruvengadam, who has entered appearance for the Petitioners, is no more. Learned Government Advocate appearing for the Respondent has filed a memo dated 07.11.2022 stating as follows:- 2/6
"1.
It is submitted that the Joint Commissioner, HR & CE Department, Chennai by in his letter in Na.Ka.No.3554/2011/A3 dated 27.04.2012 has recommended the matter to the Commissioner, HR & CE Department, Chennai. The Petitioner herein have filed the R.P.No....of 2014 dated 28.03.2014 and made a request to the Commissioner to invoke Section 21 (1) of the Act and decide the issues on the recommendation made by the Joint Commissioner, HR & CE Department, Chennai on 27.04.2012. 2.
It is submitted that before they filing Writ Petition the Commissioner, HR & CE Department, Chennai has passed the order on 17.12.2013 in the Joint Commissioner, Chennai Recommendation on 27.04.2012 and the Commissioner, HR & CE, Chennai rejected. The Commissioner, HR & CE Department, Chennai directed the Joint Commissioner, HR & CE, Chennai to proceed the matter further for eviction in Mu.Mu.No.2647/2012/R2 dated 17.12.2013. I enclosed the communication also. Now Section 78 proceedings also initiated against the Petitioner in M.P. No. 192 to 198 of 2021 before the Joint Commissioner, HR & CE Chennai-2. The same is pending."
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In view of the aforesaid subsequent events, nothing remains for consideration in the representations said to have been made by the Petitioners to the Respondents. However, it would not preclude the Petitioners, if they have any other grievance to work out their rights before the proper forum in the manner recognized by law.
4.
As nothing remains for further consideration, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.
07.11.2022 skr Index: Yes/No Note: Issue order copy by 21.11.2022.
To The Commissioner, Hindu Religious & Charitable Endowments (Admn) Department, Nungambakkam High Road, Chennai - 34.
Copy to
1. N.Sankaran, S/o. R.Natesa Naicker, No. 54/60, Srinivasa Perumal Sannadhi 1st Street, Royapettah, Chennai - 14.
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2. P.Shanmugam, S/o. R.Palani Naicker, No. 54/60, Srinivasa Perumal Sannadhi 1st Street, Royapettah, Chennai - 14.
3. N.Baskaran, S/o. R.Natesa Naicker, No. 54/60, Srinivasa Perumal Sannadhi 1st Street, Royapettah, Chennai - 14.
4. T.Gowri Bai, S/o. S.Rajendran, No. 54/60, Srinivasa Perumal Sannadhi 1st Street, Royapettah, Chennai - 14.
5. K.Bakthavachalan, S/o. R.R.Krishnan Naicker, No. 54/60, Srinivasa Perumal Sannadhi 1st Street, Royapettah, Chennai - 14.
6. V.Kannan, S/o. R.Varadarajan Naicker, No. 54/60, Srinivasa Perumal Sannadhi 1st Street, Royapettah, Chennai - 14.
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P.D. AUDIKESAVALU, J.
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