S.Chellamuthu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.17853 and 17854 of 2024 S.Chellamuthu ... Petitioner /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

4.V.Selvaraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in Se.Mu.NA.KA.No. 1/4

771/2023-45/A2 dated 09.10.2023 and quash the same and consequently direct the 2nd respondent to dispose of the O.A.No.49 of 2022 which is pending before the 2nd respondent.

For Petitioner : Mr.S.Madhavan For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 : No appearance

ORDER

Even though the prayer sought for in this writ petition is challenging the appointment of a non hereditary trustee, the learned counsel for the petitioner would submit that the petitioner had already filed O.A.No.49 of 2022 for appointment of a Trustee and the same is pending on the file of the second respondent and it is suffice, if a direction is issued to the second respondent to dispose of O.A.No.49 of 2022.

2. Considering the prayer that has been restricted by the petitioner, there shall be a direction to the second respondent to dispose of O.A.No.49 of 2022 pending on his file within a period of 3 months from the date of receipt of a copy of this order.

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3. With the aforesaid directions, the Writ Petition stands allowed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 18.11.2024 Internet : Yes / No mm To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

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K.KUMARESH BABU, J.

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