V.Lakshmi, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36066, 36069 & 36071 of 2024 and W.M.P.Nos.38964, 38965 &38967 of 2024 V.Lakshmi
...Petitioner in W.P.No.36066 of 2024
K.Saranraj
...Petitioner in W.P.No.36069 of 2024
R.Gopinathan
...Petitioner in W.P.No.36071 of 2024
Vs.
1. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai-600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Tiruppur.
3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Karur.
4. The Executive Officer Arulmigu Vennaimalai Bala Subramaniya Swamy Kovil Vennaimalai, Kadaparai Village, Manmangalam Zone, Karur District.
...Respondents in all W.P.'s
PRAYER in all W.P.'s: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose stay application in the revision petition before deciding 1/4
the main revision petition in accordance with section 21 (6) of HR and CE Act For Petitioner in all W.P.'s.
: Mr.R.Mohanraja For respondents 1 to 4 in all W.P's : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) COMMON
O R D E R
These writ petitions are filed seeking a direction to 1st respondent to dispose of the stay petition pending on the file of 1st respondent along with revision petition filed by the petitioners challenging the eviction orders passed by the 2nd respondent in M.P.Nos.287, 330 & 345 of 2021.
2. It is not in dispute that 2nd respondent initiated proceedings for eviction of petitioners under Section 78 of HR & CE Act and final eviction order was passed on 16.09.2024. Challenging the said eviction order, the petitioners preferred a revision under Section 21 of HR & CE Act before the 1st respondent and the same is said to be pending. It is also stated by the petitioners that they have filed application for stay pending revision petition and the same has not been taken up for consideration by the 1st respondent. Hence, the petitioners have come before this Court seeking direction to dispose of the stay petition.
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3. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE), who takes notice for the respondents, on written instructions, submits that the stay applications will be taken up for consideration by the 1st respondent and the same will be disposed of on merits within a time stipulated by this Court.
4. In view of the same, the 1st respondent is directed to take up the stay applications filed by the petitioners and final order shall be passed on the stay applications on its' own merits within a period of two weeks from 09.12.2024 after giving reasonable opportunity to the petitioners.
5. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 02.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr S.SOUNTHAR , J.
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To
1. The Commissioner Hindu Religious and Charitable Endowment Department Nungambakkam, Chennai-600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Tiruppur.
3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Karur.
4. The Executive Officer Arulmigu Vennaimalai Bala Subramaniya Swamy Kovil Vennaimalai, Kadaparai Village, Manmangalam Zone, Karur District.
W.P No.36066, 36069 & 36071 of 2024 and W.M.P.Nos.38964, 38965 &38967 of 2024 02.12.2024 4/4