Al.Ar.K.Vr.Chinna Veerappan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN AL.AR.K.VR.Chinna Veerappan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment, No.40, Muthusami Road, Thirupattur Road, Sivagangai.

3.Soma.Narayanan 4.Rama.Arunachalam 5.Indian Bank, Represented by its Branch Manager, Kalaiyarkoil Branch, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to initiate necessary action against the respondents 3 and 4 on the basis of the petitioner's representation, dated 18.05.2020.

For Petitioner : Mr.S.Madhavan For R-1 and R-2 : Mr.P.T.Thiraviam, Government Advocate.

For R-3 : Mr.S.Lakshmanasamy For R-4 and R-5 : No appearance 1/3

ORDER

This Writ Petition has been filed for a Writ of Mandamus, directing the respondent Nos.1 and 2 to initiate appropriate action against the third and fourth respondent on the basis of the petitioner's representation, dated 18.05.2020.

2. It is noticed that the respondents have already initiated proceedings against the fourth respondent and have issued a Show Cause Notice to the fourth respondent. A reference is made to the para 13 of the counter affidavit filed by the second respondent which reads under:

13. I respectfully submit that the official respondents are taking much efforts to stop further mismanagement as well as the misappropriation in the above kattalai and action is being taken by the second respondent in a speedy manner to regulate the kattalai management and Show Cause Notices also sent to the fourth respondent who declare himself as the present trustee of the Kattalai and hence the petitioner can not say that no action has been taken by the officials respondents and the Writ Petition is not maintainable either in law or facts."

3. In the light of the above, no further directions are required for a Mandamus to initiate any other proceedings. Further, since the proceedings have been initiated, I direct the respondents to allow the petitioner to also make submissions before appropriate orders are passed in the Show Cause Notice issued to the third and fourth respondent.

4. It is needless to state that the petitioner, the private respondents 3 and 4 shall be heard before appropriate orders are passed by the Joint Commissioner. The entire proceedings shall be completed by the Joint Commissioner preferably, within a period of three (3) months from the date of receipt of a copy of this order.

5. Therefore, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) btr 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Hindu Religious and Charitable Endowment, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment, No.40, Muthusami Road, Thirupattur Road, Sivagangai.

+1 CC to M/s.S.LAKSHMANASAMY, Advocate ( SR-14182[F] dated 24/03/2022 ) +1 CC to M/s.SPL GP ( SR-14345[F] dated 24/03/2022 ) 23.03.2022 RK(01/04/2022) 3P 5C 3/3