Kurichi Sridharmasashthasevasangam v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25503 of 2023 Kurichi Sri Dharmasashtha Seva Sangam Rep. By its president K. Rajesh Kurichi Village, Madhukarai Taluk, Coimbatore District

...Petitioner

Vs.

1. The Joint Commissioner The Hindu Religious Charitable & Endowments Department Balasundaram Road, Coimbatore - 600 018.

2. The Assistant Commissioner The Hindu Religious Charitable & Endowments Department Balasundaram Road, Coimbatore - 600 018.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose the unnumbered O.A. of 2023 filed on 18.04.2023 in the manner known to law in time bound manner.

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For Petitioner : Mr. V.S. Usha Rani For Respondents : Mr. K.Karthikeyan Government Advocate (HR & CE)

O R D E R

The petitioner seeks direction to 1st respondent to dispose of the unnumbered original application filed by him on 18.04.2023 seeking framing of scheme under Section 64(1) of HR & CE Act.

2. According to the petitioner, the petitioner Sangam has been managing the Arulmigu Dharmasashtha @ Ayyappan Temple, from the year 1996 and kumbabishekam of the temple was performed by the petitioner Sangam in the year 2008 and 2020. The 2nd respondent by his order dated 01.04.2023 had appointed a fit person to the above said temple and the fit person has also taken charge of the administration of the temple. In this circumstances, the petitioner Sangam filed an application under Section 64(1) of HR & CE Act for framing scheme for the above said temple. The said application was filed on 18.04.2023 and the same has not been numbered. Therefore, the petitioner 2/5

has come up with this writ petition seeking direction to 1st respondent to number the application and dispose of the same within a time frame.

3. Mr. K.Karthikeyan, learned Government Advocate (HR&CE), who is taking notice for respondents 1 and 2, on written instructions, submits that the application filed by the petitioner is under scrutiny and the same will be numbered in due course.

4. In view of the fact that the application for framing of scheme has been filed by the petitioner as early as 18.04.2023, this Court is inclined to direct the 1st respondent to number the same within a period of two weeks from the date of receipt of copy of this order. The petitioner shall extend all co-operation for the 1st respondent for numbering the application.

5. After numbering, the 1st respondent shall take up the application for hearing and dispose of the same in accordance with law and on merits, within a period of twelve weeks from the date of numbering of the application. 3/5

6. With the above directions, the Writ Petition stands disposed of. No costs.

30.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The Joint Commissioner The Hindu Religious Charitable & Endowments Department Balasundaram Road, Coimbatore - 600 018.

2. The Assistant Commissioner The Hindu Religious Charitable & Endowments Department Balasundaram Road, Coimbatore - 600 018.

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S.SOUNTHAR , J.

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