Disposed

M.P.Duraisamy v. The Joint Commissioner

Madras HC14 Feb 2022WP/2363/2022

Case brief

AI extract

What is this about?

In this writ petition filed under Article 226, the petitioner sought a direction to the Joint Commissioner to expedite disposal of a pending original application regarding customary rights in a temple. The Court, satisfied by the submissions of both parties, directed the respondent to dispose of the pending application within three months without expressing an opinion on the merits of the case.

What did the court decide?

The respondent (Joint Commissioner) is directed to dispose of O.A.No.34 of 2021 within three months and pass orders on merits after giving opportunity to interested persons.

M.P.Duraisamy Vs The Joint Commissioner — Writ and Judicial Review | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.02.2022

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CORAM:

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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WRIT PETITION NO.2363 OF 2022

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M.P.Duraisamy

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.. Petitioner

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The Joint Commissioner Hindu Religious & Charitable Endowments Administration Department Tiruppur.

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The Fit Person/Executive Officer Arulmighu Bhaghavathi Amman Thirukoil Mallampalayam Village Dharapuram Taluk Tiruppur District.

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Having Office at: Arulmighu Kaadu Hanumantharayaswamy Temple, Dharapuram Taluk Tiruppur District.

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.. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1^st respondent to expeditiously dispose of the petition filed as O.A.No.17 of 2017 before the Joint Commissioner, Coimbatore, now transferred and pending without being re-numbered on the file of the Joint Commissioner, Tiruppur, within the time limit as fixed by this Court.

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For Petitioner : Mr.T.S.Vijaya Raghavan

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For Respondents : Mr.S.Yashwanth Additional Government Pleader (HR and CE)

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

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O R D E R

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Writ Petition is filed for issuance of a Writ of Mandamus directing the 1^st respondent to expeditiously dispose of the petition filed as O.A.No.17 of 2017 before the Joint Commissioner, Coimbatore, now transferred and pending without being re-numbered on the file of the Joint Commissioner, Tiruppur, within the time limit as fixed by this Court.

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By consent of both the learned counsel for the petitioner appearing through “Video-conferencing” as well as Mr.S.Yashwanth, the learned Additional Government Pleader, who takes notice for the respondents, the Writ Petition is taken up for final disposal at the stage of admission itself.

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3.According to the petitioner, Arulmighu Bhagavathi Amman Temple is situate in Mallampalayam village, Dharapuram Taluk, Tiruppur District. The temple is non-listed temple under the supervisory control of the Tamil Nadu Hindu Religious and Charitable Endowments Administration Department. The 2^nd respondent was appointed as a Fit Person for the temple by the Assistant Commissioner, Tiruppur. The temple is situate in a small village and does not own any properties. The petitioner and other persons have specific rights in the temple to perform customary rituals during the annual festival falling in the Tamil month 'Masi'. To declare the performance of the customs by the petitioner and others to be hereditary in nature, the petitioner and others filed O.A.No.17 of 2017 under Section 63 (e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act. The said petition was transferred to the 1^st respondent and the same is pending without being numbered in spite of repeated request made by the petitioner. In such circumstances, the petitioner has come out with the present Writ Petition.

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4.The learned Additional Government Pleader appearing for the respondents submitted that after transfer, O.A. has been renumbered as O.A.No.34 of 2021, hearing date of the petition is fixed on 23.02.2022 and the same will be disposed of after hearing the petitioner within the time limit as fixed by this Court.

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5.Considering the limited relief sought for in the present Writ Petition and submission of the learned Additional Government Pleader appearing for the respondents, without expressing any opinion on merits, the 1^st respondent is directed to dispose of the said O.A.No.34 of 2021 and pass orders on merits and in accordance with law, after giving opportunity to the petitioner as well as other interested persons if any,

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

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within a period of three months from the date of receipt of a copy of this order.

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

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Sd/-

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Assistant Registrar(CS-II)

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//True Copy//

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Sub Assistant Registrar

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The Joint Commissioner

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Hindu Religious & Charitable Endowments Administration Department

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Tiruppur.

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The Fit Person/Executive Officer Arulmighu Bhaghavathi Amman Thirukoil Mallampalayam Village Dharapuram Taluk Tiruppur District.

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+1cc to M/s.T.S.Vijaya Raghavan, Advocate, S.R.No.9120

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W.P.No.2363 of 2022

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PMK(CO) RLP(02/03/2022)

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

M.P.Duraisamy v. The Joint Commissioner

Case brief

What is this about?

What did the court decide?

M.P.Duraisamy v. The Joint Commissioner

Case brief

What is this about?

What did the court decide?

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