K.Sasikumar v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.30581 of 2018 K.Sasikumar .. Petitioner

Versus

1. The Joint Commissioner, HR & CE Department, Coimbatore Division, Dr.Balasundaram Road, Coimbatore-18 2.The Executive Officer, Arulmigu Seedeviamman Temple, Kanjikovil Village, Perundurai Taluk, Erode District.

3. E.S.Ramasamy

4. M.Ramasamy .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, or any other writ or order or orders to direction in the nature of writ directing the 1st Respondent herein to number and dispose application dated 09.07.2018 within a time stipulated by this Hon'ble Court.

For Petitioner : Mr.V.P.K.Gowtham For Respondent-1 : Mr.M.Maharaja Special Government Pleader(H.R&C.E)

ORDER

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 first respondent to number and

dispose of the application dated 09.07.2018 within the time frame that may be fixed by this Court.

3. It is stated in the affidavit filed in support of the petition that the petitioner and others have filed an application on 09.07.2018 before the first respondent/Joint Commissioner (H.R. & C.E Department) under Section 64(5)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act to modify the scheme framed in O.A.No.9 of 1989 dated 29.04.1991 with regard to administration of Arulmigu Seedeviamman Temple at Kanjikovil Village, Perundurai Taluk, Erode District, but, the first respondent has not furnished the number of the said modification application and has not acknowledged the same. Hence, the petitioner has filed this Writ Petition for the relief stated supra.

4. Heard Mr.M.Maharaja, learned Special Government Pleader (H.R & C.E) on behalf of the respondents 1 and 2.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to number the modification application forthwith and intimate the same to the petitioner fixing the date of hearing and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and respondents 2 to 4 and also affording due opportunity of hearing to the petitioner, respondents 2 to 4 herein as well as any of the interested parties, within a period of four weeks thereafter.

6. With the above directions, this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar-(VI) //True Copy// Sub Assistant Registrar mpa/srn To The Joint Commissioner, HR & CE Department, Coimbatore Division, Dr.Balasundaram Road, Coimbatore-18

2.The Executive Officer, Arulmigu Seedeviamman Temple, Kanjikovil Village, Perundurai Taluk, Erode District.

+1cc to Mr.V.P.K.Gowtham, Advocate, S.R.No.79432 +1cc to the Government Pleader, S.R.No.80106 W.P. No.30581 of 2018 RK(CO) GSP(12/12/2018)