Arulmigu Sundaramoorhty Vinayagar Temple, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2018
CORAM
THE HONOURABLE MR.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30529 of 2018 ArulmiguSundaramoorthy Vinayagar Temple, ManthangalMottur Village, Walajah Taluk, Vellore District, Tamil Nadu - 632 404.
Rep.by its defacto Hereditary Trustee M.G.Dhanasekaran,
...Petitioner
..Vs..
1.The Commissioner, Hr & CE Department, No.119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, HR & CE Department, Near RTO Office, Sathuvachari, Vellore, Vellore District, Tamil Nadu-9.
3.The Inspector, HR & CE Department, Near Rajaeshwari Theatre, Ranipet - 632 401, Vellore District , Tamil Nadu.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to dispose the O.A. No.13 of 1992, which is pending for about 30 years for passing final orders within the time frame which may be fixed by this Court.
For Petitioner : Mr.S.Pushpakaran For Respondents: Mr.M.Maharaja Special Government Pleader for HR & CE
O R D E R
By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed seeking for a direction to the second respondent to dispose the O.A.No.13 of 1992, which is pending for about 30 years.
3. According to the learned counsel for the petitioner, the father of the petitioner filed O.A.No.32 of 1988, before the Deputy Commissioner, Hindu Religious and Charitable Endowments, Salem and subsequently the same has been transferred to the file of the second respondent and renumbered as O.A.No.13 of 1992. Whileso, the father of the petitioner passed away and the petitioner herein got impleaded himself in the said O.A.
4. The main grievance of the petitioner is that though the O.A. is pending before the second respondent from the year 1992, no action has been taken to dispose of the same. Hence, the petitioner has filed this Writ Petition seeking for the relief stated supra.
4. Heard the learned counsel for the petitioner, as well as learned Special Government Pleader (HR & CE) who takes notice on behalf of the respondents.
5. Considering the facts and circumstances of the case and also considering the submissions made and also the fact that the O.A.No.13 of 1992 is pending for the past 30 years, this Court directs the second respondent to dispose of the said O.A., on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the case.
6. This Writ Petition is disposed of accordingly. No costs.
7. Post 'for compliance' on 20.12.2018.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arr/rst
To 1.The Commissioner, Hr & CE Department, No.119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, HR & CE Department, Near RTO Office, Sathuvachari, Vellore, Vellore District, Tamil Nadu-9.
3.The Inspector, HR & CE Department, Near Rajaeshwari Theatre, Ranipet - 632 401, Vellore District , Tamil Nadu.
+1cc to the Government Pleader, S.R.No.80103 +1cc to Mr.S.Pushpakaran,Advocate, S.R.No.84632 (21/12/2018) W.P.No.30529 of 2018 RSK(CO) rrs 10/12/2018