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Madras High CourtWP/25127/2019disposed of

R.Kothandan v. The Executive Officer,

2019-08-26Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 25127 of 2019 and W.M.P. No. 24689 of 2019 R. Kothandan ... Petitioner -vs1. The Executive Officer, Arulmighu Vetaraya Perumal Thirukovil, Kuttapathy - Mettur Taluk, Salem District.

Campt at:

Arulmighu Kailasa Nathar Temple, Omalur Taluk, Tharamangalam, Salem District - 636 502.

2. Mr. Madhavan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the First Respondent in his proceedings dated 24.07.2019 and quash the same in respect of service inam lands in Survey Nos. 151/1 and 151/3 Panapuram Village, Mettur Taluk, Salem District.

For Petitioner : Mr. K.R. Krishnan For Respondents: Mr. M. Maharaja for R1, Learned Special Government Pleader (HR&CE)

O R D E R

Mr. M. Maharaja, Learned Special Government Pleader (HR & CE) takes notice for the First Respondent.

2.

Having regard to the nature of order proposed to be passed in the matter which would not cause any prejudice to the Second Respondent, notice to the Second Respondent is dispensed with. https://hcservices.ecourts.gov.in/hcservices/

3.

The Petitioner challenges the notice dated 24.07.2019 issued by the First Respondent. The Learned Special Government Pleader appearing for the First Respondent on instructions states that an enquiry pursuant to the aforesaid notice would be conducted by the Assistant Commissioner of the Hindu Religious and Charitable Endowments Department, Salem at 11.00 a.m on 09.09.2019, for which notice in advance would be issued to the concerned parties including the Petitioner and the Second Respondent. It shall be ensured that there is at least one effective hearing every week showing progress of the matter. 4.

The Petitioner, the Second Respondent and other concerned parties shall attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and extend their co-operation for expeditious disposal of the matter. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem after giving full opportunity of hearing to all parties concerned, shall consider each of their contentions and pass reasoned order on merits and in accordance with law and communicate the decision taken to all parties under written acknowledgment.

5.

The Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar vji/gsa To The Executive Officer, Arulmighu Vetaraya Perumal Thirukovil, Kuttapathy - Mettur Taluk, Salem District.

+1cc to MrK.R. Krishnan, Advocate SR.No.72907 W.P. No. 25127 of 2019 and W.M.P. No. 24689 of 2019 RJI(CO) GMY(16/09/2019) https://hcservices.ecourts.gov.in/hcservices/