Disposed

K.v.Sankara Subramanian v. The Secretary to Government

Madras HC14 Mar 2022WP/5761/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition by directing the Secretary to Government Hindu Religious and Charitable Endowment Department to dispose of a revision petition filed in 2017 as expeditiously as possible, to be completed by 29.04.2022, without expressing any view on its merits.

What did the court decide?

Direction to the First Respondent to dispose of the revision petition dated 27.07.2017 as expeditiously as possible, to be completed on or before 29.04.2022.

K.v.Sankara Subramanian Vs The Secretary to… — Pension and Retirement Benefits | Madras HC (2022)

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W.P.No.5761 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.03.2022

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CORAM

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THE HON'BLE Mr.JUSTICE M.SUNDAR

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W.P.No.5761 of 2022

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K.V.Sankara Subramanian Managing Trustee Annadhanam Chatram at Kadayanallur belongs to Chozhia Brahmins of Kadayanallur Village D.No.6 Karimanickaperumal Koil East Street Kadayanallur - 627 751. Kadayanallur Taluk, Tirunelveli District. ... Petitioner

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-Vs.-

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The Secretary to Government Hindu Religious and Charitable Endowment Department Fort St.George, Chennai-600 009.

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The Commissioner

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Hindu Religious and Charitable Endowment Nungambakkam Chennai-600 034.

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The Executive Officer Chozhia Brahmins Annadhanam Trust at Kadayanallur/ Arulmigu Gopalakrishnaswamy Temple Krishnapuram, Tenkasi Taluk Tirunelveli District. .. Respondents

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https://www.mhc.tn.gov.in/judis 1/13

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W.P.No.5761 of 2022

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Prayer:-

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to consider and dispose of the revision petition dated 27.07.2017 filed by the petitioner and followed by the reminder dated 03.02.2020 within the time frame.

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For Petitioner : Mr.G.Nagarajan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 & R2 Mr.R.Bharanidharan, for R3

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O R D E R

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In the captioned main writ petition, Mr.G.Nagarajan, learned

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counsel for writ petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader who accepts notice on behalf of respondents 1 & 2 and Mr.R.Bharanidharan, learned private counsel who accepts notice on behalf of third respondent (Executive Officer of the temple concerned) are before this Court.

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Owing to the narrow compass and limited prayer, with the consent of the aforementioned counsel main writ petition is taken up for disposal in the Admission Board itself.

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https://www.mhc.tn.gov.in/judis 2/13

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W.P.No.5761 of 2022

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Owing to the limited prayer in main writ petition, it is not necessary to dilate much on facts. Suffice to say that the captioned matter pertains to a 'ANNADHANAM CHATRAM' qua Arulmigu Gopalakrishnaswamy Temple, situate in Krishnapuram, Tenkasi Taluk, Tirunelveli District. An Executive Officer was appointed for this entity and the same was assailed by writ petitioner before the second respondent and second respondent made a detailed order dated 03.03.2017 bearing reference No.br/K/e/f/vz;/32888-2016-vy;5 rejecting the petitioner's prayer to cancel the appointment of Executive Officer who was appointed under Section 45(1) of 'The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act No.22 of 1959)' [hereinafter 'TNHR&CE Act' for the sake of convenience and clarity].

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Writ petitioner has carried the matter further to first respondent under Section 114 of TNHR&CE Act in and by a petition styled/captioned 'REVISION PETITION'.

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Limited prayer in the captioned writ petition is for a directive to first respondent for disposal of the aforementioned petition which is at

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https://www.mhc.tn.gov.in/judis 3/13

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W.P.No.5761 of 2022

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page Nos.36 to 42 of typed set of papers and a scanned and reproduction

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of the same is as follows:

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https://www.mhc.tn.gov.in/judis 4/13

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W.P.No.5761 of 2022

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https://www.mhc.tn.gov.in/judis 5/13

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W.P.No.5761 of 2022

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https://www.mhc.tn.gov.in/judis 6/13

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W.P.No.5761 of 2022

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https://www.mhc.tn.gov.in/judis 7/13

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W.P.No.5761 of 2022

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https://www.mhc.tn.gov.in/judis 8/13

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W.P.No.5761 of 2022

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https://www.mhc.tn.gov.in/judis 9/13

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W.P.No.5761 of 2022

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https://www.mhc.tn.gov.in/judis 10/13

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W.P.No.5761 of 2022

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Learned State counsel on behalf of respondents 1 and 2 and learned private counsel for third respondent (Executive Officer of aforementioned temple) submit that the first respondent will have to examine the aforementioned petition on its own merits and in accordance with law. There can be no two ways or no disputation about this submission.

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Considering that the petition is of the year 2017 more particularly, July of 2017 (27.07.2017 to be precise), this Court deems it appropriate to accede to the prayer of writ petitioner to direct the first respondent to dispose of the aforementioned petition as expeditiously as the official business of the first respondent would permit and in any event on or before 29.04.2022. Though obvious, it is made clear that such disposal of the aforementioned petition dated 27.07.2017 shall be on its own merits and in accordance with law. It is also made clear that this Court has not expressed any view or opinion on the merits of the matter in this order.

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https://www.mhc.tn.gov.in/judis 11/13

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W.P.No.5761 of 2022

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A copy of the proceedings/orders of first respondent disposing

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of the aforementioned petition of writ petitioner dated 27.07.2017 shall be served on writ petitioner under due acknowledgment within seven working days from the date of disposal. There shall be no order as to costs.

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14.03.2022

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Speaking/Non-speaking order Index: Yes/No Internet : Yes/No mk

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The Secretary to Government Hindu Religious and Charitable Endowment Department Fort St.George, Chennai-600 009.

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The Commissioner Hindu Religious and Charitable Endowment Nungambakkam Chennai-600 034.

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The Executive Officer Chozhia Brahmins Annadhanam Trust at Kadayanallur/ Arulmigu Gopalakrishnaswamy Temple Krishnapuram, Tenkasi Taluk Tirunelveli District.

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https://www.mhc.tn.gov.in/judis 12/13

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W.P.No.5761 of 2022

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M.SUNDAR.J.,

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W.P.No.5761 of 2022

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14.03.2022

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https://www.mhc.tn.gov.in/judis 13/13

K.v.Sankara Subramanian v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

K.v.Sankara Subramanian v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

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