N.C.Athinarayana Perumal v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.9829 of 2016 N.C.Athinarayana Perumal

...Petitioner

Vs.

1.The Joint Commissioner, H.R. & C.E Department, Tirunelveli 627 002.

2.The Executive Officer, Sri Arulmigu Chidambarashwarar Aynthu Veetu Swamigal Vinayagar Temple, Chettipathu, Tiruchendur Taluk, Thoothukudi District.

...Respondents

Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to dispose the amendment petition in O.A.No.2 of 2016 pending on the file of the 1st Respondent herein within the time frame fixed by this Hon'ble Court.

For Petitioner :Mr.J.Ashok For Respondents :Mr.V.Muruganandam Additional Govt. Pleader for R-1 Mr.G.Muthu Geethaiyan for R-2

O R D E R

Heard both sides.

2. By consent, the main writ petition itself is taken up for final disposal.

3. According to the Petitioner, he filed a petition in O.A.No.2 of 2016 before the first respondent/Joint Commissioner, H.R & C.E Department, Tirunelveli, wherein, he had made a request to take up the petition in O.A.No.2 of 2016 for hearing as quickly as possible and to modify the age old scheme framed in the year 1999 in O.A.No.4 of 1999, after enquiring the petitioners in O.A.No.2 of 2016.

4. It comes to be known that in O.A.No.2 of 2016, there are totally 6 petitioners (including the writ petitioner). Surprisingly, in the representation dated 18.05.2016 of the writ petitioner, addressed to the first respondent, the other petitioners' name in O.A.No.2 of 2016 were not found. https://hcservices.ecourts.gov.in/hcservices/

5. In any event, the relief sought for by the writ petitioner is only for passing of an order by this Court in

directing the first respondent/Joint Commissioner, H.R & C.E Department, Tirunelveli to dispose of the amendment petition in O.A.No.2 of 2016, pending on the file of the first respondent within the time determined by this Court.

6. In view of the fact that representation dated 18.05.2016 addressed to the first respondent/Joint Commissioner, H.R. & C.E Department, Tirunelveli is pending for consideration, this Court, in the interest of Justice and Fair Play, directs the first respondent/ Joint Commissioner, H.R. & C.E Department, Tirunelveli to look into the representation of the petitioner dated 18.05.2016 and to dispose of the same on merits (of-course after providing adequate opportunity to the petitioner and others concerned in the subject mater in issue), within a period of six weeks from the date of receipt of a copy of this order.

7. With the aforesaid observation/direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Joint Commissioner, H.R. & C.E Department, Tirunelveli 627 002.

2.The Executive Officer, Sri Arulmigu Chidambarashwarar Aynthu Veetu Swamigal Vinayagar Temple, Chettipathu, Tiruchendur Taluk, Thoothukudi District.

+1cc to M/s.J.Ashok, Advocate in SR.27753 +1cc to M/s.M.Muthu Geethayan, Advocate in SR.27875 Writ Petition (MD).No.9829 of 2016 03.06.2016 vs PBK/GSV-PM/SAR-II 03/06/2016 ::2P-5C::(IT) https://hcservices.ecourts.gov.in/hcservices/