Madras High CourtWP(MD)/19202/2017disposed of

Periyasamy, v. The Joint - Commissioner,

2017-10-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19202 of 2017 Periyasamy ... Petitioner Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai District.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose the petition filed by the petitioner u/s. 63(e) of TN HR & CE Act, 1959, within the time stipulated fixed by this Hon'ble Court.

For Petitioner : Mr.N.Jeyaram Sidharth For Respondent : Mr.T.S.Mohamed Mohideen, Additional Government Pleader

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, takes notice for the respondent.

3. According to the petitioner, his family is entitled to get honour from the Samasthanam of Arulmigu Periyanayagi Amman Temple, Pannangudi Village, on the 5th day of Aani festival, every year and they were also receiving the same, without any hindrance, till 2015. Thereafter, some dispute arose between the petitioner's family and some third parties, regarding the said honour and therefore, the temple authorities had stopped the honouring practice. Aggrieved thereby, the petitioner has preferred a petition before the respondent under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, on 22.06.2017, which is said to be kept pending, without any action. As the Aani festival for the next year commences from June 2018, the petitioner is before this Court, seeking a direction to the respondent for early disposal of his petition. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Government Pleader, on instructions, submitted that the authorities are inclined to pass

orders on the petitioner's petition, on merits, within a stipulated time limit.

5. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the respondent to pass appropriate orders, on the petition filed by the petitioner under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, dated 22.06.2017, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai District.

+1cc to M/S.RM.Arun Swaminathan, Advocate SR.No. 82833 W.P.(MD)No.19202 of 2017 13.10.2017 gk JM/JC/SAR 2/31.10.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/