Sp.Muthuraman v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH SP.Muthuraman : Petitioner Vs.

1. The Commissioner, HR & CE Department, Chennai.

2.Lakshmana Pandaram 3.Arulmigu Angalamman Vadakku Vasal Selliamman Temple, Rep. by its, Hereditary Trustee, Ilaiyathangudi Village, Thirupattur Taluk, Sivagangai District.

: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose the un-numbered AP against OA No.12 of 1990 filed by the petitioner and other four interested persons dated 20.01.2025 under section 69(2) of the HR and CE Act within a time frame. For Petitioner : Mr. RM.Arun Swaminathan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R1 1/4

O R D E R

The petitioners have filed a Writ Petition seeking a direction to the first respondent to dispose of the un-numbered application against the order passed in O.A.No.12 of 1990 on the file of the first respondent and to conclude the same within a time frame.

2. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 2 and 3 is dispensed with.

3. The petitioner asserts that an order was passed in O.A.No. 12 of 1990 on 25.03.1991 by the Deputy Commissioner of the HR & CE Department and since there is an appeal remedy under Section 69(1) of the Act, the petitioner and other interested persons attempted to file an appeal. However due to non-availability of gazette publication by the second respondent, the petitioner is constrained to file an application under Section 69(2) of the Act, which is currently pending before the first respondent. The petitioner has now approached this Court through this writ petition, seeking expeditious disposal of the said application. 2/4

4. The learned Additional Government Pleader, appearing on behalf of the first respondent, requests this Court to grant a period of nine months for disposing the said application.

5. Considering the submission made by the learned Additional Government Pleader on behalf of the first respondent, this Court is of the view that a reasonable time should be granted for the first respondent to dispose of the un-numbered application filed against the order passed in O.A.No.12 of 1990. Accordingly, this Court directs the first respondent to dispose of the application on merits and in accordance with the law, within a period of nine months from the date of receipt of a copy of this order.

6. This writ petition stands disposed of with the above direction. No costs.

02.04.2025 Index : Yes / No Internet : Yes / No PKN 3/4

VIVEK KUMAR SINGH, J.

PKN To The Commissioner, HR & CE Department, Chennai.

W.P.(MD) No.8951 of 2025 02.04.2025 4/4