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Madras High CourtWP/42922/2016disposed of

V.R.Somasundaram, Managing v. The Commissioner

2016-12-08Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.12.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.42922 of 2016 and WMP.No.36811 of 2016 V.R.Somasundaram .. Petitioner

Versus

1.The Commissioner, The Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, The Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai 600 034 3.The Executive Officer, Raman Chettiar Kattalai, C/o.Arulmighu Marundeeswarar Temple, Thiruvanmiyur, Chennai 600 041.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the representation dated 12.11.2016 and the letters dated 28.09.2016, 25.10.2016 and 03.11.2016 given by the petitioner for appointing him as the Hereditary Trustee under the scheme which falls within the scope of Section 54(1) and Sec.6(11) of Hindu Religious and Charitable Endowment Act.

For Petitioner : Mr.M.Aravind Subramniam For Respondents : Mr.S.Maharaja Spl.Govt.Pleader ( HR & CE)

O R D E R

By consent, the Writ Petition is taken up for disposal at the stage of admission itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the representation dated 12.11.2016 and the letters dated 28.09.2016, 25.10.2016 and 03.11.2016 given by the petitioner for appointing him as the Hereditary Trustee under the scheme which falls within the scope of Section 54(1) and Sec.6(11) of

Hindu Religious and Charitable Endowment Act.

3. Though several grounds have been raised in the Writ Petition, now, the learned counsel for the petitioner would only seek to consider the representation dated 12.11.2016.

4. Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents and would submit that the request of the petitioner will be considered in accordance with law.

5. Considering the submissions made on either side and taking note of the averment made by the learned counsel for the petitioner, this Court, without going into the merits of the claim made by the petitioner, directs the 1st and 2nd respondents, to consider the representation of the petitioner dated 12.11.2016 and pass appropriate orders, on merits and in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of the order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

6.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Commissioner, The Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, The Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai 600 034

3.The Executive Officer, Raman Chettiar Kattalai, C/o.Arulmighu Marundeeswarar Temple, Thiruvanmiyur, Chennai 600 041.

+1 cc to Mr.M.Aravind Subramaniam Advocate sr 72697 W.P. No.42922 of 2016 and WMP.No.36811 of 2016 skv(co) aa23/12/2016