Madras High CourtWP(MD)/16834/2016disposed of

V.Jothi, v. The Joint Commissioner

2016-09-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.16834 of 2016 and W.M.P(MD)No.12209 of 2016 1.V.Jothi 2.P.Balaji 3.P.Kamalahasan ... Petitioners Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Tiruchirappalli District.

2.The Joint Commissioner/Executive Officer, A/M. Mariamman Thirukovil, Samayapuram, Tiruchirappalli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to expeditiously dispose of the petition filed by the petitioners in M.P.No.4 of 2013 seeking to recognize the petitioners as present office holders to the office of Hereditary Trusteeship of Arulmigu Sidhivinayagar Sri Muthukumaresa Subramaniaswami, Navagraha Temple situate at Samayapuram, Kannanore, Lalgudi Taluk, Tiruchirappalli District, which is pending on the file of the first respondent and in the interregnum restrain the respondents from demolishing and reconstructing the subject Temple and to further restrain the respondents from encroaching upon the lands of the subject Temple. For Petitioners : M/s.J.Maria Roseline For Respondents : Mr.V.Muruganandam Additional Government Pleader

ORDER

This Writ Petition is filed seeking a direction to the first respondent to dispose the petition filed by the petitioners in M.P.No.4 of 2013, filed under Section 54(1) of the HR & CE Act, to recognize the petitioners as Trustee of one Arulmigu Sidhivinayagar Sri Muthukumaresa Subramaniaswami, Navagraha https://hcservices.ecourts.gov.in/hcservices/

Temple situate at Samayapuram, Kannanore, Lalgudi Taluk, Tiruchirappalli District.

2.Mr.V.Muruganandam, learned Additional Government Pleader takes notice for the respondent and by consent of both parties, the main Writ Petition itself is taken up for final disposal. 3.The learned counsel for the petitioners submitted that the petitioners have filed a petition in M.P(MD)No.4 of 2013 as early as on 09.01.2013, and the matter is pending without passing any order.

4.In the above circumstances, the first respondent is directed to dispose of the petition in M.P.No.4 of 2013 filed under Section 54(1) of the HR & CE Act, on merits and in accordance with law, within a period of eight weeks from the date of receipt of the copy of this order, after giving opportunity to all the parties concerned.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments, Tiruchirappalli District.

2.The Joint Commissioner/Executive Officer, A/M. Mariamman Thirukovil, Samayapuram, Tiruchirappalli District.

+One cc to Mr.J.Maria Roseline, Advocate, SR.No.50116 +One cc to The Special Government Pleader, SR.No.50577 ps RL/5C/2P/DB/19/9/2016 W.P(MD)No.16834 of 2016 and W.M.P(MD)No.12209 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 06.09.2016