D.Baby v. The Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Baby ... Petitioner Vs.

1.The Additional Chief Secretary, Chennai.

2.The Commissioner, Chennai.

3.The Joint Commissioner, Madurai.

4.The Executive Officer, Arulmighu Kallalagar Thirukkoil, Alagarkoil, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents to appoint the Petitioner as Managing Hereditary Trustee of Madurai Vandiyoor Arulmighu Natcharammal Trust, based on the Petitioner's representations dated 28.8.2017 and 5.4.2019. For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.VR.Shanmuganathan 1 to 3 Special Govt.Pleader For Respondent-4 : Mr.K.R.Laxman

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to appoint the Petitioner as Managing Hereditary Trustee of Madurai Vandiyoor Arulmighu Natcharammal Trust, based on the Petitioner's representations, dated 28.8.2017 and 5.4.2019.

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2.Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.K.R.Laxman, learned counsel takes notice for the fourth respondent. 3.By consent of both parties, the main Writ Petition is taken up for final disposal.

4.A perusal of the typed-set of papers would show that the second respondent even as early as on 13.9.2017 vide his proceedings in Na.Ka.No.47476/2017/Aa2, Dated 13.09.2017, has directed the third respondent to consider the representation made by the Petitioner herein, dated 28.8.2017 as per law. So far nothing has been done. Therefore the Petitioner once again sent another representation, dated 5.4.2019 to the Joint Commissioner.

5.Therefore, without going into the merits of the claim made by the petitioner, the third respondent is directed to consider the representation of the petitioner, dated 28.8.2017 and pass appropriate orders on the same, on merits and in accordance with law, after giving due opportunity of personal hearing to all the necessary parties, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) vsn To 1.The Additional Chief Secretary, Chennai.

2.The Commissioner, Chennai.

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3.The Joint Commissioner, Madurai.

4.The Executive Officer, Arulmighu Kallalagar Thirukkoil, Alagarkoil, Madurai.

+1 CC to Mr.K.THIRUVENKADAM, Advocate ( SR-105632[F] dated 18/12/2019 ) +1 CC to Mr.K.R.LAXMAN, Advocate ( SR-105815[F] dated 19/12/2019 ) ORDER MADE IN 18.12.2019 MK (10.01.2020) 3P 7C 3/3