Loganathan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Loganathan ... Petitioner Vs.

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

2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Thanjavur.

3.R.Rengasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to pass final order in the pending O.A.No.74 of 2021 filed by the petitioner within the time framed fixed by this Court. For Petitioner : Mr.K.Kaleeswaran, For Mr.R.Murali.

For R-1 and R-2 : Mr.M.Lingadurai, Special Government Pleader.

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ORDER

This Writ Petition has been filed seeking for issuance of Mandamus, directing the second respondent to pass final order in the pending O.A.No.74 of 2021 filed by the petitioner.

2. The learned counsel for the petitioner submitted that the third respondent earlier filed O.A.No.7 of 2013 under Section 63(b) of the Hindu Religious and Charitable Endowments Act, 1959 before the first respondent. Now, it has been transferred to the file of the second respondent and re-numbered and it is still pending. This Court vide order dated 01.03.2020 in W.P.(MD).No.15878 of 2020, directed the first respondent therein to dispose of the petition in O.A.No.7 of 2013 filed by the petitioner therein/third respondent herein, within a period of four weeks from the date of receipt of a copy of this order. The grievance of the petitioner is that the second respondent to be directed to dispose of O.A.No.74 of 2021 filed by the petitioner as well as O.A.No.7 of 2013 filed by the third respondent within a stipulated period.

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3. The learned Special Government Pleader appearing for the respondents submitted that already directions have been issued with regard to dispose of O.A.No.7 of 2013 filed by the third respondent within a stipulated period in W.P.(MD).No.15878 of 2020 dated 01.03.2020. The second respondent can dispose of both the Original Applications within a period of three months.

4. By considering the submissions made by learned counsel for both the parties, this Court directs the second respondent to complete the enquiry in O.A.No.74 of 2021 filed by the petitioner as well as O.A.No.7 of 2013 filed by the third respondent. In both the cases, the enquiry have to be completed within a period of three (3) months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

01.08.2022 Index : Yes / No Internet : Yes/ No Nsr 3/4

M.NIRMAL KUMAR, J.

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

2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Thanjavur.

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