M.Venkatesalu v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27006 of 2023 M.Venkatesalu

...Petitioner

Vs.

1. The Joint Commissioner, HR & CE Department, Coimbatore - 641 018.

2. The Assistant Commissioner, HR & CE Department, Coimbatore - 641 018.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's application in O.A.No.21 of 2020 filed under Section 64 of HR & CE Act of 1959 seeking for settling of scheme for 'Sri Sakthi Vinayagar Balamurugan Temple' at Sidhapudur Village, Coimbatore District, in a time bounded manner fixed by this Court.

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

O R D E R

The petitioner herein seeks a direction to the first respondent to dispose of the application filed by him in O.A.No.21 of 2020 seeking for settling of scheme for Sri Sakthi Vinayagar Balamurugan Temple at Sidhpudur Village, Coimbatore District, within a time fixed by this court.

2. The learned counsel for the petitioner submitted that he filed an application for settling of the scheme of the above mentioned temple in O.A.No.21 of 2020 and the same is pending on the file of first respondent without any progress.

3. Mr.K.Karthikeyan, learned Government Advocate takes notice for the respondents, on instructions, submitted that the second respondent in the original application filed by the petitioner namely Mr.V.Ramakrishnan is no more and the petitioner has to take steps to bring the legal representatives of the deceased.

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4. In view of the said submission, the petitioner is directed to take necessary steps to bring the legal representatives of the deceased to enable the first respondent to dispose of the original application on merits. The petitioner shall take steps within a period of two weeks from the date of receipt of copy of this order.

5. The first respondent is directed to consider the original application in O.A.No.21 of 2020 on merits and pass final orders within a period of twelve weeks after the petitioner completes the steps for arraying the legal representatives of the deceased.

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

14.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 3/4

S.SOUNTHAR , J.

dna .

1. The Joint Commissioner, HR & CE Department, Coimbatore - 641 018.

2. The Assistant Commissioner, HR & CE Department, Coimbatore - 641 018.

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