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Madras High CourtWP(MD)/20876/2024disposed of

Ashok Kumar v. The Commissioner

2024-10-14Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)No.17687 of 2024 Ashok Kumar, Through it's Secretary, Sri Balakrishnasamy Temple Management Trust.

... Petitioner Vs.

1.The Commissioner, 23 Uthamar Mahatma Gandhi Road, Nungambakkam, Chennai-34.

2.The District Collector, Theni District, Theni.

3.The Revenue Divisional Officer, 4.The Deputy Superintendent of Police, 1/6

5.The Tahsildar, Taluk Office, 6.The Joint Commissioner, Trichy Road, Seelapadi, Dindigul.

7.The Inspector of Police, Devadanapatti Police Station, 8.The Inspector, Periyakulam Region, 9.Aruna Sekar 10.A.S.Udhayan Rayeswaran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for records of the impugned order of Na.Ka.No.558704/2024/z2/, dated 14.08.2024 passed by the first respondent and quash the same and to pass such further order or other orders as this Court.

For Petitioner : Mr.R.Murugappan For R-1, R-2, R-3, R-5, R-6 & R-8 : Mr.K.S.Selvaganesan Additional Government Pleader 2/6

For R-4 & R-7 : Mr.M.Vaikkam Karunanithi Government Advocate For R-9 : Mr.C.Lakshmanan For R-10 : Mr.Karthikeya Venkatachalapathy

ORDER

The present writ petition has been filed challenging the impugned order issued by the first respondent in Na.Ka.No.558704/2024/z2/, dated 14.08.2024.

2. It is submitted by the learned Counsel for the petitioner that the petitioner had subsequent to the filing of the present writ petition filed an appeal, challenging the order of the Joint Commissioner under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, dated 11.09.2023 before the Commissioner under Section 69 of the Act on 03.10.2024. The learned Counsel for the petitioner would confine his prayer that the Commissioner may dispose of the appeal within a stipulated period.

3. In view thereof, the writ petition stands disposed of by directing the Commissioner to dispose of the appeal within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not 3/6

examined whether the appeal is filed within the period of limitation or otherwise, that may have to be decided by the Commissioner before proceeding to dispose of the appeal.

4. The writ petition stands disposed of, accordingly. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

14.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner, 23 Uthamar Mahatma Gandhi Road, Nungambakkam, Chennai-34.

2.The District Collector, Theni District, Theni.

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3.The Revenue Divisional Officer, 4.The Deputy Superintendent of Police, 5.The Tahsildar, Taluk Office, 6.The Joint Commissioner, Trichy Road, Seelapadi, Dindigul.

7.The Inspector of Police, Devadanapatti Police Station, 8.The Inspector, Periyakulam Region, 5/6

MOHAMMED SHAFFIQ , J.

BTR 14.10.2024 6/6