Madras High CourtWP(MD)/10740/2021disposed of

Surbamani.M v. The Joint Commissioner

2021-06-29Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.10740 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10740 of 2021 M.Subramani ... Petitioner Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruchirappalli, Tiruchirapalli District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the respondent to dispose of petitioners application filed under section 63(B) of Hindu Religious and Charitable Endowments Act pending before him in original application number 8/2019 within a time frame as fixed by this Hon`ble Court. by providing opportunity of personal hearing in the manner known to law.

For Petitioner : Mr.B.Prahalad Ravi For Respondent : Mr.M.Lingadurai, Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to dispose of the application filed by the petitioner under Section 63(B) of the Hindu Religious and Charitable Endowments Act, within the time frame fixed by this Court.

2. The case of the petitioner is that the Vinayakar Temple and Muniyappasamy Temple, situated at Amayapuram Village, Manapparai Taluk, Tiruchirappalli District, are under the control and management of the petitioner and his family members. The petitioner, therefore, made an application under Section 63(B) of Hindu Religious and Charitable Endowments Act, to declare him as Hereditary Trustee in the year 2019 and the same was also numbered as Application No.8 of 2019. The grievance of the petitioner is that the application is pending before the respondent without any progress. Left with no other alternative, the present Writ Petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10740 of 2021

3. Heard Mr.B.Prahalad Ravi, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondent.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondent to consider the application filed by the petitioner in Original Application No.8 of 2019 and deal with the same on its own merits and in accordance with law and pass final orders within a period of four (4) months from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruchirappalli, Tiruchirapalli District.

+1 CC to M/s.B.PRAHALADRAVI, Advocate ( SR-20621[F] dated 30/06/2021 ) +1 CC to M/s.SPL GP ( SR-20735[F] dated 30/06/2021 ) Order made in W.P.(MD).No.10740 of 2021 Dated :

29.06.2021 AS (07.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2