Deivam Poosari v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.14906 of 2025 Deivam Poosari ... Petitioner Vs.
1.The Secretary to Government, Tamilnadu Tourism Culture and Religious Department, Chennai.
2.The Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
3.The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.
4.The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Dindigul.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to number and dispose off the impleading application file by the 1/5
petitioner in I.A.No. /2024 in O.A.No. 7/2013 on the basis of the order, dated 01.07.2024 in G.O.No. (4P) No. 04 on the file of the first respondent, without insisting upon to change the word Madurai as Dindigul. For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.S.S.Madhavan Additional Government Pleader
ORDER
This writ petition has been filed for a writ of Mandamus, directing the fourth respondent to number and dispose of the impleading application filed by the petitioner in I.A.No. /2024 in O.A.No.7/2013 on the basis of the order, dated 01.07.2024 in G.O.No.(4P)No. 04 on the file of the first respondent, without insisting upon to change the word Madurai as Dindigul.
2. The petitioner claims to be an adopted son of Late.Periyasamy Poosari. To that effect, the petitioner has also obtained a legal heirship certificate from the authorities pursuant to the judgment and decree passed by the District Munsif Cum Judicial Magistrate No.1, Usilampatti in O.S.No.15 of 2018 dated 13.04.2018 along with Mrs.Dhanalakshmi, W/o.Late.Periyasamy Poosari. During the life time of the petitioner's father, the petitioner's father had filed an application before the third respondent in 2/5
O.A.No.7 of 2013, which was dismissed. Against which, the appeal was filed before the Commissioner, which was also dismissed. Further, review application was filed, which has culminated in the order directing the petitioner's father, Late.Periyasamy Poosari to approach the Joint Commissioner again. Under these circumstances, the petitioner filed an interlocutory application to implead himself in O.A.No.7 of 2013. Thus, the proceedings in O.A.No.7 of 2013 is to be re-heard by the third respondent.
3. The learned Additional Government Pleader for the respondents submits that during the interregnum, the jurisdiction has been altered and therefore, the petitioner should approach the fourth respondent.
4. These are internal matters. It is for the respondents to transfer the papers for further action. Therefore, the third respondent is directed to transfer the papers to the fourth respondent. The fourth respondent shall number the interlocutory application and dispose of the same on merits along with O.A.No.7 of 2013 as expeditiously as possible. 3/5
5. The writ petition stands disposed of with the above direction. No costs.
03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Secretary to Government, Tamilnadu Tourism Culture and Religious Department, Chennai.
2.The Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.
3.The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.
4.The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Dindigul.
4/5
C.SARAVANAN, J.
sn W.P(MD).No.14906 of 2025 03.06.2025 5/5