Madras High CourtWP(MD)/15048/2016disposed of

S.Mahalingam, v. The Joint Commissioner

2016-08-16Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.15048 of 2016 1.S.Mahalingam 2.S.Muthaiah 3.P.Ramachandran 4.S.Jeyakodi 5.G.Muthupayandi ... Petitioners Vs.

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

... Respondent Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the respondent to pass orders upon the Petitioner's application No.19/2015 within a reasonable time fixed by this Hon'ble Court and accordingly frame a scheme for Arulmigu Kattu Karuppanna Swamy Kovil situated at Old S.No.4/2 corresponding to New S.No.3/2, Maravankualm Village, Thirumangalam Taluk, Madurai District.

For Petitioner :Mr.N.Dilip Kumar For Respondent :Mr.V.Muruganandham Additional Government Pleader

O R D E R

Heard both sides. By consent, the main writ petition itself is taken up for final disposal.

2.No counter is filed on behalf of the respondents. 3.According to the petitioners, they have filed an application No.19 of 2015 before the Respondent/Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai under Section 64(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, seeking to frame a scheme in respect of the proper administration of Arulmigu Kattu Karuppanna Swamy Kovil. As a matter of fact, the said application was filed on 02.11.2015 and numbered in December 2015. In fact, the hearing took place on 03.02.2016, 16.03.2016, 27.04.2016 and 27.07.2016 respectively. Now, the case stands posted to 05.10.2016.

4. A mere running of the eye over the contents of the writ affidavit at paragraph No.10 in unequivocal terms, point out that there is no trustee available for the temple to look after its management and administration. Further, it is represented on behalf of the petitioner that the second petitioner is the poojari of the temple for the Moopan Community.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the fact that O.A.No.19 of 2015 is now pending on the file of the Respondent/Joint Commissioner, Hindu Religious and

Charitable Endowments Department, Madurai and also this Court, keeping in mind an essential fact that the aforesaid O.A.No.19 of 2015 stands posted to 05.10.2016, directs the Respondent/Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai, to dispose of the said O.A.No.19 of 2015, within a period of eight weeks from the date of receipt of copy of this order.

6.With the aforesaid direction, the writ petition is disposed of. No costs.

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To The Joint Commissioner, Hindu Religious and Charitable Endowments Department Madurai.

+1cc to M/S.N.Dilipkumar, Advocate in SR.No.44623 +1cc to Special Government Pleader in SR.No.44909 Writ Petition (MD).No.15048 of 2016 16.08.2016 VS PA/SS3/SAR I/19.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/