Thirupathi.M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.13532 of 2023 M.Thirupathi ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungampakkam High Road, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to condone the delay of 45 days in filing the appeal and further direct the first respondent to receive and number by taking the appeal petition in S.R.No.27140/2022 on file filed against the order of the second respondent dated 29.07.2021 in ROC No.9290/2007-2/A1 and dispose of the same on merits.

For Petitioner : Mr.S.Ramesh For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

The above writ petition is filed for issuance of writ of mandamus by exercising the extraordinary jurisdiction under Article 226 of the Constitution of India, to condone the delay of 45 days in filing the appeal and further to direct the first respondent to receive and number by taking the appeal petition in S.R.No.27140/2022 on file, which was filed against the order of the second respondent dated 29.07.2021 in ROC No. 9290/2007-2/A1 and dispose of the same on merits. 2.Considering the fact that the petitioner has been permanently removed from Office of the hereditary trusteeship, this Court exercising its jurisdiction under Article 226 of Constitution of India, condones the delay of 45 days in filing the appeal. The first respondent is directed to number the appeal and dispose of the same on merits within a period of three months from the date of receipt of a copy of this order.

3.With the above direction, this Writ Petition is allowed. No costs.

4. Registry is directed to return the original papers to the petitioner, after retaining a copy of the same in the bundle and also after getting necessary acknowledgements.

12.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungampakkam High Road, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

P.T.ASHA, J.

cp W.P.(MD) No.13532 of 2023 Dated: 12.06.2023