Boopathipalanisamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN BoopathiPalanisamy ... Petitioner Vs

1. The Commissioner, HR & CE Department, Mahatma Gandhi Road, Nangambakkam, Chennai - 600034.

2. The Joint Commissioner, HR & CE Department, Office of the Joint Commissioner, Tiruvanaikoil, Tiruchirapalli - 6.

3. M.Subramani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct first respondent to dispose of the Appeal in A.P.No.32 of 2023 pending on his file within a time frame that may be fixed by this Court.

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For petitioner : Mr. S.I.Muthiah For respondents : Mr.S.S.Madhavan Additional Government Pleader for R1 & R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Additional Government Pleader for the respondents 1 and 2 and after dispensing with the notice on the third respondent as no adverse orders are proposed to be passed at this stage. 2.The petitioner has challenged the impugned order, dated 11.10.2022 (10.10.2022) passed by the second respondent in O.A.No.08 of 2019 under Section 63(b) of the TN HR&CE Act, 1959 to appoint a Hereditary Trustee.

3. It is the case of the petitioner that against the same, the petitioner has filed an appeal before the first respondent as early as during December 2022, under Section 69(1) of the TNHR&CE Act, 1959, which has been numbered as Appeal No.32 of 2023, which is yet to be taken up for hearing. 2/5

4. It is submitted that the temple festival is expected on 22.07.2025 and therefore, urgent orders are required in connection with the said temple festival.

5. It is submitted that despite the considerable lapse of time, the appeal has not been disposed of by the first respondent and therefore, the petitioner seeks a direction to the first respondent to dispose of the appeal.

6. At this stage, the learned Additional Government Pleader for the first respondent submits that the petitioner's appeal will be disposed of on merits within three (3) months from the date of receipt of a copy of this order.

7. Recording the above submission, there shall be a direction to the first respondent to dispose of the petitioner's appeal in A.P.No.32 of 2023 against the order in O.A.No.08 of 2019, dated 11.10.2022 (10.10.2022) as expeditiously as possible preferably within a period of three (3) months from the date of receipt of a copy of this order.

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8. It is open to the petitioner to move appropriate application for any interim relief for the temple festival. In case, such application is filed, the first respondent may endeavor to consider the same before the temple festival after servicing notice on the private respondents before passing any interlocutory order.

9. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 16.07.2025 Internet : Yes / No apd Note: Issue on 17.07.2025 To

1. The Commissioner, HR & CE Department, Mahatma Gandhi Road, Nangambakkam, Chennai - 600034.

2. The Joint Commissioner, HR & CE Department, Office of the Joint Commissioner, Tiruvanaikoil, Tiruchirapalli - 6.

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C.SARAVANAN, J.

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