Madras High CourtWP(MD)/4458/2020disposed of

M.Thiagarajan v. The Joint Commissioner

2020-03-03Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.4458 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.4458 of 2020 M.Thiagarajan .. Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Board Tirunelveli.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Board Nagerkoil Road, Palayamkottai, Tirunelveli District.

3.Kombu Madasamy Paramarippu Committee Pettai, Tirunelveli rep.,by A.Marippan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to dispose of O.P.No.1 of 2020 filed by the petitioner on 26.12.2019 and pending on the file of the first respondent as expeditiously as possible.

For Petitioner : Mr.M.V.Venkataseshan For R1 & R2 : Mr.V.R.Shanmuganathan Special Government Pleader

ORDER

The petitioner seeks a Mandamus in the nature of a direction to the first respondent, namely, the Joint Commissioner, Hindu Religious & Endowments Board to dispose of O.P.No.1 of 2020, which had been filed by the petitioner on 26.12.2019. 2.It has been a long drawn litigation from the year 2001. Originally, a civil suit was filed. The matter was taken up before the First Appellate Court, Second Appellate Court and also before the Hon'ble Supreme Court. Finally, both the parties realised that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.4458 of 2020 the civil Court will not have jurisdiction. Therefore, they started a fresh round of litigation by approaching the first respondent. Now, the matter is pending in O.P.No.1 of 2020 before the first respondent/Joint Commissioner, Hindu Religious and Charitable Endowment at Tirunelveli.

3.It is represented that one of the parties has also entered appearance. Six months time is granted to dispose of O.P.No.1 of 2020. Accordingly, the first respondent is directed to dispose of O.P.No.1 of 2020 on or before 31.08.2020. It is made clear that procedure in accordance with law should be followed including ensuring the presence of all parties after service of notice. 4.In view of the above observations, the Writ Petition stands disposed of. No costs.

sd- Assistant Registrar(Crl.Side) // True Copy // / /2020 Sub Assistant Registrar rmk To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Board Tirunelveli.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Board Nagerkoil Road, Palayamkottai, Tirunelveli District.

+1 CC to M/s.M.V.VENKATASESAN, Advocate ( SR-9717[F] dated 03/03/2020 ) W.P(MD)No.4458 of 2020 03.03.2020 AP(16.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2