Lakshmana Prabhu.N v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 22458 of 2023

1. N.Lakshmana Prabhu

2. S. Kumaravel

3. A.V.V.Selvakumaran

4. A.S.S.C.Murugesan ...

Petitioners - Vs. -

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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

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

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.2 to dispose of the 1/5

Application preferred by the petitioners to declare them as the Hereditary trustee under Section 63(1) of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, dated 02.09.2023 within the period stipulated by this Court.

For Petitioners : Mr.S.Rajasekar, for M/s.Lajapathi Roy and Associates For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

This Writ Petition is filed seeking direction to the respondents to dispose of the petition filed by the petitioners at earliest.

2. Heard Mr.S.Rajasekar, for M/s.Lajapathi Roy and Associates, the Learned counsel appearing for the Petitioner, Mr.S.P.Maharajan, the Learned Special Government Pleader appearing for the respondents and perused the material documents available on record.

3. Today, when the matter is taken up for hearing, the Learned Special Government Pleader appearing for the respondents submitted that the 2/5

petitioner has filed a Petition before the Commissioner and there is a Format for filing of the petition under Section 63 of HR & CE Act, and the petitioner has to submit appropriate petition with all relevant documents, so as to consider the same under Section 110 of HR &CE Act. The respondents should follow Section 110 of HR & CE Act to hear the petition.

4. Therefore, the petitioner is directed to file appropriate petition, within a period of 4 weeks from the date of receipt of a copy of the Order, thereafter, the respondents shall consider the same, after One week.

5. With the above terms, this Writ Petition is allowed. There shall be no order as to costs.

Index :

Yes / No 14.09.2023 Internet :

Yes [1/2] ksa 3/5

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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

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

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S.SRIMATHY, J ksa Order made in W.P.(MD)No. 22458 of 2023 [1/2] 14.09.2023 5/5