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Madras High CourtWP/26886/2018disposed of

Vagaitholuvu Amman Periyakula Makkal Nala Sangam v. The Commissioner

2018-10-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.26886 of 2018 Vagaitholuvu Amman Periyakula Makkal Nala Sangam, Rep.by its President, C.Ravichandran.

.. Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Utthamar Gandhi Salai, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore - 18.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Erode.

4.The Executive Officer, A/m.Vagaitholuvu Amman Thirukoil, Murangai Tholuvu Village and Post, Chennimalai Via, Erode District.

5.Periyakula Theivam Sri Vagaitholuvu Amman Trust, Rep.by its Secretary, S.Nadhakumar.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents 3, 4 to take action on the representation of the petitioner dated 29.09.2018 in terms of the order passed by the 2nd respondent in O.A.No.1 of 2006, by order dated 26.09.2012. For Petitioner: Mr.A.Sundaravadhanan For Respondents: Mr.Maharaja Special Government Pleader HR & CE for R1 to R4

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 to 4. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the respondents 3 and 4 to take action on their representation dated 29.09.2018.

3. According to the learned counsel for the petitioner, the petitioner submitted a representation dated 29.09.2018 to the first respondent, to implement the order passed by the second respondent in O.A.No.1 of 2006, dated 26.09.2012 and the said representation is pending, without any progress. Hence, the petitioner is before this Court.

4. The learned Special Government Pleader appearing for the respondents, fairly submitted that the petitioner's representation 29.09.2018 would be considered by the respondents 3 and 4 on merits and in accordance with law. 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondents 3 and 4 to consider the petitioner's representation dated 29.09.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, the fifth respondent as well as any other interested parties within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ms

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Utthamar Gandhi Salai, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore - 18.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Erode.

4.The Executive Officer, A/m.Vagaitholuvu Amman Thirukoil, Murangai Tholuvu Village and Post, Chennimalai Via, Erode District.

+ 1 cc to M/s. Special Government Pleader Sr.71367 W.P.No.26886 of 2018 AK(CO) EU(01/11/2018)