Saravana Pandian, v. The Joint Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P.(MD)No. 11233 of 2017 and W.M.P.(MD) No.8619 of 2017 Saravana Pandian ... Petitioner -Vs1.The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Madurai - 625 001.

2.The Deputy Commissioner, Arulmigu Pandi Muneeswarar Temple, Melamadai, Madurai District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorari, calling for the entire records pertaining to the impugned order passed by the 2nd respondent dated 16.03.2017 vide Na.Ka.No. 12/2017/AA1 and quash the same.

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For Petitioner :

Ms. J.Anandavalli For 1st Respondent :

Mr. T.Villavankothai Additional Government Pleader For 2nd Respondent :

No Appearance

O R D E R

Heard Ms. J.Anandavalli, Learned Counsel for the Petitioner and Mr. T.Villavankothai, Learned Additional Government Pleader appearing for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who claims to be the Hereditary Trustee and Poojari of Arulmigu Pandi Muneeswarar Temple, Melamadai, Madurai District, has challenged the order in Na.Ka.No.12/2017/AA1, dated 16.03.2017, passed by the Second Respondent holding that the collections in the plate would fall to the account of the Temple and the concerned employees and officers would have to implement the same.

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3.

It has been brought to notice that the Hon'ble Supreme Court in the order dated 29.01.2020 in Civil Appeal Nos. 804-805 of 2020 has set aside the office memo dated 16.03.2017 regarding the plate collections. In view of the same, the impugned Order in Na.Ka.No.12/2017/Aa1 dated 16.03.2017 passed by the Second Respondent regarding the plate collections is set aside. 4.

It has been further brought to notice that in the aforesaid order passed on 29.01.2020 by the Hon'ble Supreme Court of India, it has been directed in Civil Appeal No. 803 of 2020 that the proceedings pending before the Secretary to Government has to be completed within a period of three months from the said date. Though more than two years have lapsed since then, it is represented by Learned Additional Government Pleader appearing for the First Respondent that the next enquiry has been fixed on 13.12.2022. Having regard to the said directions issued by the Hon'ble Supreme Court in the matter, it shall be ensured by the Secretary to Government that there is atleast one effective hearing every week showing progress of the case and monthly reports in that regard shall be sent to the Registrar (Judicial) of the Court till final decision is taken in the 3/5

matter.

5.

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petition is closed. No costs. 08.12.2022 sj Index : Yes/No Note: Issue order copy on 25.01.2023 To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Madurai - 625 001.

Copy to

1. The Secretary to Government, Hindu Religious Charitable Endowments Department, Chennai.

2. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

sj W.P.(MD)No. 11233 of 2017 08.12.2022 5/5