V.R.Babu Veerappan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.R.Babu Veerappan ... Petitioner -vs1. The Commissioner Hindu Religious and Charitable Endowments Admn. Dept., Nungambakkam Chennai - 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowments Admn. Dept., Mayiladuthurai Mayiladuthurai District.

3. Sri.La.Sri. Thiruvavaduthurai Adheenakarthar Thiruvavaduthurai Mayiladuthurai District.

4. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.

(R4 is suo motu impleaded vide this order) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to implement the directions of the First Respondent in his order dated 15.10.2010 in R.P. No. 37/2004/D2 and confirmed by the Court in its order dated 25.01.2023.

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For Petitioner : Mr. P.Seshadri For Respondents : Mr. K.Karthikeyan, GA, (RR1 & 2) Mr. K.P.Sanjeev Kumar (R3)

O R D E R

Heard Mr. P.Seshadri, Learned Counsel for the Petitioner, Mr. K.Karthikeyan, Learned Government Advocate for the First and Second Respondents and Mr. K.P.Sanjeev Kumar, Learned Counsel appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

This Writ Petition has been filed for directing the Second Respondent to implement the directions of the First Respondent in his order dated 15.10.2010 in R.P. No. 37/2004/D2 and confirmed by the order dated 25.01.2023 in W.P. No. 1836 of 2023 passed by this Court.

3.

Learned Government Advocate appearing for the First and Second Respondents has brought to notice that by Proceedings in Se. Mu. Na. Ka. No. 200521/2023/T2 dated 29.12.2023, the First Respondent has transferred 2/5

O.A. No. 1 of 2011 and File No. 213 of 2023 on the file of the Second Respondent to the file of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, who is suo motu impleaded as the Fourth Respondent in the Writ Petition and its copy has been acknowledged by Learned Counsel for the Petitioner in court today. It is further represented that the enquiry in the said application has been fixed on 22.02.2024 before the Fourth Respondent.

4.

In such circumstances, it shall be incumbent upon the Fourth Respondent to send due notice to the Petitioner, the Third Respondent and all other persons concerned to attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearing every month showing progress of the case. After affording full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, the Fourth Respondent shall deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court. 3/5

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

04.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 19.02.2024.

Maya To

1. The Commissioner Hindu Religious and Charitable Endowments Admn. Dept., Nungambakkam Chennai - 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowments Admn. Dept., Mayiladuthurai Mayiladuthurai District.

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. V.R.Babu Veerappan, S/o. V.R.Veerappa Chettiar, No. 6, Mahalingam Chetty Main Road, Mahalingapuram, Nungambakkam, Chennai - 600 034.

3. Sri.La.Sri.Thiruvavaduthurai Adheenakarthar, Thiruvavaduthurai, Mayiladuthurai District.

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P.D. AUDIKESAVALU, J.

Maya 04.01.2024 5/5