K.Kuppusamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Kuppusamy .. Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirupur.

3.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Karur District.

4.The Inspector, Officer of the Inspector, Hindu Religious and Charitable Endowment Department, Karur.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to give suitable instructions to the 2nd respondent thereby to dispose MP No. 87 of 2023 in Appeal No.203 of 1955 which is pending before the 2nd respondent as early as possible and declare the petitioner as Hereditary Trustee of Arulmighu Soliamman Temple situated at Nathamedu, Athur, Karur Taluk and District, in the line of Succession of the petitioner's deceased Father Thiru. A. Karthivel, who was declared as Hereditary Trustee on the basis of order in Appeal No.203 of 1955 and the proceedings of the Joint Commissioner via RC No.8103/01 B4 dated on 26.03.2004 under Section 54(1) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 within the time limit that may be stipulated by this Court.

For Petitioner :

Mr.Ramesh Mahadev For R1 to R3 :

Mr.P.Subbaraj Special Government Pleader For R4 :

Mr.P.Athimoolapandian

ORDER

This writ petition has been filed by the petitioner seeking to direct the second respondent herein to dispose of his petition in M.P.No.87 of 2023 in Appeal No.203 of 1955, wherein he had made a prayer to recognise the petitioner as a Hereditary Trustee.

2. Learned counsel for the petitioner would submit that the temple is not under the control of the fourth respondent presently and is under the control of the Fit Person/Executive Officer, Kalyanapasupathiswarar Temple, Karur.

3. Considering the fact that the application had been made and is pending consideration by the second respondent and that notice has also been published by the second respondent as early as on 16.08.2023, there shall be a direction to the second respondent to dispose of the said M.P.No.87 of 2023 in Appeal No.203 of 1955 within a period of two months from the date of receipt of a copy of this order.

4. With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.

11.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirupur.

3.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Karur District.

K.KUMARESH BABU, J.

abr Dated: 11.12.2024