Muthusamy. P v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.8445 of 2024 P.Muthusamy ... Petitioner /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai -34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichirappalli -5.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Trichirapppalli -5.

4.P.Thangaraj 5.P.Arumugam 6.C.Pichai 7.P.Senthil Kumar 1/5

8.M.Karupiah 9.M.Veeramani 10.M.Bala Murugan 11.C.Sakthivel 12.P.Kathiresan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to conduct a fair and decorous trial in O.A.No. 13 of 2022 by following the stipulated under the law and consequently direct the 2nd respondent to expedite the case in O.A.No. 13/2022.

For Petitioner : M/s.K.Renga Bathagadevi For R1 to R3 : Mr.P.T.Thiraviam Government Advocate (Crl.side) For R4 to R12 : Mr.A.Joel Paul Antony

ORDER

Heard M/s.K.Renga Bathagadevi, learned counsel for the petitioner, Mr.P.T.Thiraviam, learned Government Advocate (Crl.side) for the respondents 1 to 3 and Mr.A.Joel Paul Antony, learned counsel for the respondents 4 to 12. 2/5

2.The writ petition has been filed for a Mandamus to direct the second respondent to conduct a fair and decorous trial in O.A.No.13 of 2022 under law and to direct the second respondent to expedite the case in O.A.No.13/2022. 3.The learned counsel for the respondents 4 to 12 would submit that he would like to file a counter. He would further submit that the respondents 4 to 12 have also filed an application to implead themselves in the proceedings that are pending before the second respondent in O.A.No.13 of 2022. 4.I am of the view that this Writ Petition can be disposed of, as no adverse orders are proposed to be passed on merits except to direct the second respondent to dispose of O.A.No.13 of 2022 as expeditiously as possible after hearing the petitioner and the private respondents herein, who appeared to have filed applications for impleading themselves in the proceedings that are pending before the second respondent in O.A.No.13 of 2022.

5.Considering the above, the Writ Petition stands disposed of by directing the second respondent to dispose of O.A.No.13 of 2022 as expeditiously as 3/5

possible, preferably within a period of 120 days from the date of receipt of a copy of this order after hearing the petitioner as well as the private respondents herein as well.

No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 16.04.2024 Internet : Yes / No mm To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai -34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichirappalli -5.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Trichirapppalli -5.

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C.SARAVANAN, J.

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