Madras High CourtWP(MD)/17629/2017disposed of

H.Elango, v. The Commissioner

2017-09-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.17629 of 2017 H.Elango ... Petitioner -vs1. The Commissioner, Hindu Religious & Charitable Endowment, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious & Charitable Endowment, Tirunelveli.

3. The Executive Officer, A/m.Muppanthal Esakkiamman Kovil, Thakkar, Representing A/m.Easwari Badrakali Amman Temple, Easanthangu, Neendakarai 'B' Village, Agasteeswaram Taluk, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent for early disposal of O.A.No.4 of 2016 pending before the 2nd respondent herein within time specified by this Hon'ble Court.

For Petitioner : Mr.M.Saravanakumar For R1 & R2 : Mr.J.Gunaseelan Muthiah Govt. Advocate For R3 : Mr.K.Sathyasingh

O R D E R

This writ petition has been filed, seeking a direction to the 2nd respondent for early disposal of O.A.No.4 of 2016 pending before the 2nd respondent herein.

2. Heard the learned counsel for the parties.

3. The case of the petitioner is that pursuant to the dispute, the 3rd respondent Temple was taken over for administration by the 1st respondent and ancient customs, rites and rituals have been followed for the past several years. In the meanwhile, the petitioner had filed O.A.No.4 of 2016 before the 2nd respondent for conducting the customary rights and the same has been kept pending without any progress. Hence, aggrieved by the same, the petitioner is before this Court with the above prayer. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate appearing for R1 & R2 would submit that if a reasonable time is granted to the second respondent, the application of the petitioner will be considered and suitable orders passed.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the O.A.No.4 of 2016 filed by the petitioner and pass appropriate orders thereon on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The Commissioner, Hindu Religious & Charitable Endowment, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious & Charitable Endowment, Tirunelveli.

+1cc to M/S.M.Saravanakumar, Advocate SR.No. 79531 +1cc to Special Government Pleader, SR.No. 79872 W.P(MD) No.17629 of 2017 19.09.2017 AR JM/KP/SAR 2/27.09.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/