Disposed

S.Narashima Battachariar v. The Joint Commissioner

Madras HC4 Jan 2017WP/44729/2016

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought appointment as Hereditary Trustee of a temple. The Court directed the Joint Commissioner to consider the pending application and representations and pass appropriate orders after hearing parties within three months.

What did the court decide?

Respondent to consider the application made by the petitioner dated 14.12.2016 and subsequent representation dated 20.12.2016 and pass appropriate orders after hearing all parties within three months.

S.Narashima Battachariar Vs The Joint… — Pension and Retirement Benefits | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.01.2017

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CORAM

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THE HON'BLE MR.JUSTICE B.RAJENDRAN

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WRIT PETITION NO.44729 OF 2016

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AND W.M.P.No.38547 of 2016

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S.Narashima Battachariar

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...Petitioner

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Vs.

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The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Chennai- 34. ...Respondent

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Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to pass orders on the application of the petitioner made under Section 54 (1) of HR & CE Act, dated 14.12.2016, and the subsequent representation, dated 20.12.2016, and to appoint the petitioner as Hereditary Trustee of Arulmigu Kariyamanicka Perumal Tirukovil, situated at Ayanavaram, Chennai – 23.

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For Petitioner : Mr.S.Venkatesh For Respondent : Mr.M.Maharaja

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Special Government Pleader (HR & CE) O R D E R

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The petitioner has filed this Writ Petition, praying for issuance of a Writ of Mandamus to direct the respondent to pass orders on his application made under Section 54 (1) of HR & CE Act, dated 14.12.2016, and the subsequent representation, dated 20.12.2016, by appointing him as Hereditary Trustee of Arulmigu Kariyamanicka Perumal Tirukovil, situated at Ayanavaram, Chennai–23.

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The case of the petitioner, as stated in the affidavit, filed in support of this Writ Petition in short, is that, as per the order, dated 03.04.1941, passed in O.A.No.230 of 1940, the petitioner's great grandfather, by name Rangasamy Battachariar was the Hereditary Trustee of the aforementioned Temple. Thereafter, his son, by name Srinivasa Battachariyar, viz.,

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https://hcservices.ecourts.gov.in/hcservices/

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petitioner's grandfather held the said post. Subsequently, the petitioner's father, by name Santhanam Battachariar succeeded to the said post. The petitioner states that since his father was unwell, he gave a representation to the respondent, dated 22.08.2016, requesting the respondent to relieve him from the said post and to appoint his son, i.e., the petitioner as a Hereditary Trustee. Since the said representation evoked no response, the petitioner submitted an application under Section 54 (1) of H.R. & C.E. Act, dated 14.12.2016, setting forth his case and to appoint him as Hereditary Trustee of the Temple, which has also been followed by a representation, dated 20.12.2016. As the petitioner has not been favoured with any response, he is constrained to approach this Court, by way of filing the present Writ Petition.

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The learned Special Government Pleader for the respondent, on instructions, has submitted that the matter is pending before the respondent/Joint Commissioner and that appropriate orders would be passed by the respondent and he prayed that, reasonable time may be given for passing orders.

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In the light of the above, the Writ Petition is disposed of by directing the respondent to consider the application made by the petitioner, dated 14.12.2016, which has been followed by a representation, dated 20.12.2016, and after hearing all the parties concerned, pass appropriate orders within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar(CO) //True Copy//

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Sub Assistant Registrar sd To The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Chennai- 34. +1cc to Mr.S. Venkatesh, Advocate, S.R.No.564 +1cc to the Special Government Pleader, (HR & CE)S.R.No.913

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NMI(CO) EU 15.2.17

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Writ Petition No.44729 of 2016

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https://hcservices.ecourts.gov.in/hcservices/

S.Narashima Battachariar v. The Joint Commissioner

Case brief

What is this about?

What did the court decide?

S.Narashima Battachariar v. The Joint Commissioner

Case brief

What is this about?

What did the court decide?

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