Murugan v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Murugan ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai District.

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

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose of the O.A.No.58/2022 (Old O.A.No.19/2003) in respect of Arulmigu Angala Eswari Amman Temple, Melakudaloor, Theni District within a time frame.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader 1/4

ORDER

The present Writ Petition is filed for Mandamus directing the second respondent to dispose of the application in O.A.No.58/2022 (Old O.A.No. 19/2003) in respect of Arulmigu Angala Eswari Amman Temple, Melakudaloor, Theni District.

2. It is submitted by the learned counsel for the petitioner that Arumigu Angala Eswari Temple was founded by Muthiah Pillai, which is administered and managed by the legal heirs of Muthiah Pillai including the petitioner. The petitioner along with other legal heirs filed an application in O.A.No.19 of 2003 before the first respondent under Section 63(b) of the Hindu Religious and Charitable Endowments Act for declaring them as hereditary trustees of the subject temple. Due to bifurcation, the said application was transferred to the file of the second respondent and re-numbered as O.A.No.58 of 2022. Since the same was not considered, the present Writ Petition has been filed.

3. At the outset, it is submitted by the learned Additional Government Pleader appearing for the respondents that the Original Application would be disposed of in accordance with law within a period of three months, after issuing notice to the petitioner and any other interested parties/stake holders. The same was accepted by the learned counsel for the petitioner. 2/4

4. Recording the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent herein to dispose of the Original Application in O.A.No.58 of 2022, in accordance with law, after issuing notice to the petitioner and any other interested persons/stake holders, within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the application and it is open to the concerned respondent to consider the application on its own merits and in accordance with law.

5. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

03.10.2024 Index : Yes / No Internet : Yes/ No Lm To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai District.

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

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MOHAMMED SHAFFIQ , J.

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