Madras High CourtWP(MD)/8790/2024disposed of

Ramesh. N v. The Joint Commissioner

2024-04-08Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN N.Ramesh ... Petitioner Vs.

1.The Joint Commissioner Hindu Religious and Charitable Endowments Department, Madurai District.

2. S.Ramakrishnan

3. V.Veeramariappan

4. S.Kalyana Sundaram

5. C.Muthuraj

6. V.Veeranan

7. The Commissioner HR&CE Department, Chennai (suo motu impleaded) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to confirm the draft scheme dated 24.11.2023 made in O.A.No. 3 of 2019 in respect of Arulmigu Veerabatraswamy temple, Vellakulam village, Kallikudi taluk, Madurai district in consonance with Section 64 (5) and the rules of the HR and CE Act 22/1959 within a time frame. Page No. 1 of 4

For Petitioner : Mr.RG.Shankar Ganesh For Respondents : Mr.P.Subbaraj, SGP for R1 *****

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the 1st respondent to confirm the draft scheme dated 24.11.2023 made in O.A.No. 3 of 2019 in respect of Arulmigu Veerabatraswamy temple, Vellakulam village, Kallikudi taluk, Madurai district in consonance with Section 64 (5) and the rules of the HR and CE Act 22/1959 within a time frame.

2. Although the petitioner is seeking for the above relief, it is informed by the learned counsel for the 1st respondent that an appeal has been filed against the order dated 24.11.203 by the private respondents herein before the Commissioner in A.P.No.8 of 2024 assailing the order passed under 64(5) of the HR& CE Act, 1959 on 24.11.2023. Since the issue is still at large before the Commissioner as an Appellate Authority under Sec.69 of the HR&CE Act, 1959, I direct the Commissioner to dispose of the appeal as expeditiously as possible preferably within a period of three months from today. Considering the fact that order is being Page No. 2 of 4

passed directing the Commissioner to pass the order, the Commissioner HR&CE, Chennai is suo motu impleaded as 7th respondent. Accordingly, this Writ Petition is disposed of. No costs. 08.04.2024 Index: Yes/ No kpr Copy To 1.The Joint Commissioner Hindu Religious and Charitable Endowments Department Madurai District.

2. The Commissioner Hindu Religious and Charitable Endowments Department, Chennai Page No. 3 of 4

C.SARAVANAN , J.

kpr 08.04.2024 Page No. 4 of 4