Madras High CourtWP(MD)/20314/2014disposed of

Vadakalai Pazhaiya v. The Joint Commissioner

2017-08-22Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.08.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20314 of 2014 and M.P(MD)No.1 of 2014 Vadakalai Pazhaiya Vedaparayana Adhyapaka Ghoshti, represented by its Secretary, Mr.Kannan ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Kovil, Srirangam, 2.The Executive Officer, Arulmighu Sri Renganathaswamy Temple, Srirangam, 3.The Kovil Thennacharya Samrakshana Sabha, 228, East Uttara Street, Srirangam, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent herein to adjudicate the Original Application No.9/2012 filed by the petitioner ghosthi forthwith and within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For Respondent : Mr.M.Alagathevan, Special Government Pleader for R.1 & R.2 Mr.V.Sittaranjandas for R.3 * * * * *

O R D E R

This writ petition has been filed seeking a Writ of Mandamus directing the first respondent herein to adjudicate the Original Application No.9/2012 filed by the petitioner ghosthi forthwith and within the time stipulated by this Court.

2. The learned Counsel for the petitioner submits that as per the order passed by this Court in W.P(MD)No.7395 of 2011 [V.S.Seshadri v. The Joint Commissioner/Executive Officer, Arulmigu Aranganathar Swamy Thirukoil, Srirangam, Trichy and another, decided on 07.07.2011], the Original Application No.9 of 2012 has been filed under Section 63(e) of the Hindu Religious and Charitable Endowments Act, before the first respondent and the same is pending from 2012 and hence, he seeks appropriate direction to the first respondent for early disposal of the same.

3. Whereas the learned Counsel for the third respondent fairly submits that sufficient time may be granted to the first respondent since there are enough number of witnesses and as such, recording of evidence of such witnesses would take some time.

4. Heard the learned Special Government Pleader appearing for the respondents 1 and 2 on the above submissions and perused the materials available on record.

5. Considering the rival submissions as well as taking into consideration the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the petitioner's claim in this writ petition as well as in Original Application No.9 of 2012 pending on the file of the first respondent, directs the first respondent to dispose of Original Application No.9 of 2012 on merits and in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of as above. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Kovil, Srirangam,

2.The Executive Officer, Arulmighu Sri Renganathaswamy Temple, Srirangam, +1cc to M/S.V.SITHARANJANDAS, Advocate SR.No.73767 +1cc to M/S.VEERA ASSOCIATES, Advocate SR.No.74421 +1cc to Special Government Pleader, SR.No. 74310 rsb MAS/MR-KKR/SAR2:01.09.2017:3P-6C W.P(MD)No.20314 of 2014 and M.P(MD)No.1 of 2014 22.08.2017