D.K.Ravi Bhattachariyar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 12.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR D.K.Ravi Bhattacharyar ... Petitioner Vs.

1. The Commissioner, Administration Department, Chennai 600 034.

2. The Joint Commissioner, Kotai Mariamman Temple Complex, Near Salem Old Bus Stand, Salem 636 001.

3. The Assistant Commissioner, Sengundar Marriage Hall Complex, Kumaraswamypet, Dharmapuri Town,

4. The Executive Officer, Kottai Mallikarjeeneswar Temple Complex,

5. V.Krishnaprasath ... Respondents

Prayer:

Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the second respondent to consider and number the OA which was filed by the petitioner under Section 63(e) of HR & CE Act pending before the second respondent and pass orders, within a time frame as may be fixed by this Court.

For petitioner : Mr.U.Gowri Shankar For Respondents : Mr.S.Ravichandran, Additional Government Pleader for respondents 1 to 4.

ORDER

The petitioner herein seeks a direction to the second respondent to consider his application under Section 63(3) of HR & CE Act and dispose of the same, within a time framed.

2. The petitioner filed an application before the second respondent under Section 63(3) of the HR & CE Act seeking certain declaration with regard to his right to enter the Arulmighu Vara Mahalakshmi Sametha Paravasudevar Thirukoil, Kottai, Darmapuri Nagar and perform poojas. The application was filed by the petitioner

on 18.07.2024. The second respondent returned the same, pointing out certain defects on 29.07.2024. The petitioner after curing the defects, re-presented the papers on 28.08.2024. However, the second respondent has not numbered the application till date. Therefore, the petitioner has come before this court.

3. Mr.S.Ravichandran, learned Additional Government Pleader, who takes notice for the respondents 1 to 4 would submit that the petitioner may be directed to co-operate for numbering the application and the application will be disposed of on its own merits, within a time frame as fixed by this Court.

4. In view of the above submission made by the learned Additional Government Pleader, the petitioner is directed to cooperate with the second respondent for numbering the application. In any event, the second respondent shall ensure the application to be numbered, within a period of four weeks from the date of receipt of a copy of this order. After numbering of the application, the second respondent shall issue notice to the respondents thereon and dispose of

the original application in accordance with law, within a period of six months from the date of numbering of the application.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

12.12.2024.

Index : Yes / No Internet : Yes / No mst To

1. The Commissioner, Administration Department, Chennai 600 034.

2. The Joint Commissioner, Kotai Mariamman Temple Complex, Near Salem Old Bus Stand, Salem 636 001.

3. The Assistant Commissioner, Sengundar Marriage Hall Complex, Kumaraswamypet, Dharmapuri Town,

4. The Executive Officer, Kottai Mallikarjeeneswar Temple Complex,

S.SOUNTHAR, J.

mst 12.12.2024