Madras High CourtWP(MD)/15359/2025disposed of

K.Rajendrababu v. The Commissioner

2025-06-09Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.15359 of 2025 K.Rajendrababu ..Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to take on file and dispose of the Revision Petition dated 19.08.2024 filed by the petitioner within the time period as fixed by this court.

For Petitioner : Mr.S.Madhavan For Respondents : Mr.S.S.Madhavan Addl. Govt. Pleader 1/4

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the first respondent to dispose of the Revision Petition dated 19.08.2024 filed by him under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, as expeditiously as possible.

2. The petitioner is aggrieved by the order of the second respondent dated 19.12.2023, whereby the second respondent rejected the request for the appointment of a non-hereditary trustee for Arulmighu Veerakaliammankovil, Jaihinpuram, Madurai.

3. Although a feeble attempt was made by the respondents to state that Section 5 of the Limitation Act will not apply under Section 21 of the Hindu Religious and Charitable Endowments Act, 1959, a reading of the same indicates that there is no period specified for condoning the delay and thereby limiting the condonable period under Section 21 of the H.R and C.E Act. Therefore, the decision of the Honourable Supreme Court in Ganesan rep. by his Power Agent G.Rukmani Ganesan vs. The Commissioner, T.N. H.R and C.E., Chennai reported in (SC)(2019)3 CTC 469 rendered in the context of Section 69 of the T.N. H.R and C.E Act, 1959, cannot be imported for 2/4

the purpose of Section 21 of the H.R and C.E Act, 1959. Therefore, there shall be a direction to the first respondent to consider and dispose of the petitioner's revision dated 19.08.2024, which was filed against the order dated 19.12.2023 passed by the second respondent, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. With the above direction this writ petition is disposed of. No costs.

09.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.

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

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C.SARAVANAN, J.

skn Writ Petition(MD)No.15359 of 2025 09.06.2025 4/4