High Court order directs Appellate Authority to exclude the pendency period of WP(MD) No.2121 of 2020 when calculating limitation for any subsequent appeal filed by the petitioner regarding temple return.
Direction to Appellate Authority to exclude pendency period for limitation calculation and dispose of appeal on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD). No.2121 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction
Tuesday, the Twenty Eighth day of November Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
WP(MD). No.2121 of 2020
Ramachandran
... Petitioner
Vs
1 The Commissioner, Hindu Religious and Charitbale Endowments, Uthamar Mahatma Gandhi Salai, Nungambakkam
Chennai-34
Hindu Religious and Charitable Endowments, Sivagangai Post, Sivagangai Tk and Dist.
Ramnad Dist.
4 The Fit Person/ Inspector, Hindu Religious and Charitable Endowments, Meenakshi Sundareswarar Temple, Aruppukottai, Virudhunagar Dist.
5 G.Pandian
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WP(MD). No.2121 of 2020
6 U.Manimaran Poosari
7 Murugan Poosari
... Respondents
Prayer :-
Writ Petition is filed under Article 226 of the Constitution of india for issuance of a certiorarified mandamus calling for the records from the 1st respondent relating to the impugned order in Ne.Mu.No.39932/2018/E5 dated 31.7.2019 and impugned order passed by the 2nd respondent in his proceedings Se.Mu.Na.Ka.No.3537/2012/Aa7 dated 7.8.2019 and quash the same and direct the respondent to return the Arulmigu Thirukaludayar Ayanar Kovil, its ancillary deities in Kovilangulam Villag, Kamuthi Tk, Ramnad District to the petitioner on behalf of the trustee board and to the devotees.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. V.Thirumal, Advocate for the Petitioner and of M/s. P.Subbu Raj For R1 to R3 , No Appearance For R4 to R7, this Court made the following order:
Today, this Writ Petition is listed under the caption “For Being Mentioned”, at the instance of the learned counsel appearing for the petitioner.
during which this Writ Petition was pending may be excluded for the purpose of calculating the limitation.
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WP(MD). No.2121 of 2020
Authority, while calculating the limitation for the appeal, if any, filed by the petitioner, shall exclude the period during which this Writ Petition was pending before this Court and take the appeal on file and dispose of the same on its merits and in accordance with law.
Sd/-
Assistant Registrar (CS-III) // True Copy //
/12/2023 Sub Assistant Registrar(CS )
SSB
TO
3 The Assistant Commissioner, Hindu Religious and Charitable Endowments, Paramakudi, Ramnad Dist. https://www.mhc.tn.gov.in/judis
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WP(MD). No.2121 of 2020
4 The Fit Person/ Inspector, Hindu Religious and Charitable Endowments, Meenakshi Sundareswarar Temple, Aruppukottai, Virudhunagar Dist.
ORDER DATED : 28/11/2023 ========================== ORDER
========================== WP(MD). No.2121 of 2020
Giving direction and etc. as stated within. RD(18/12/2023) 4P / 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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1 issue framed by the court
Whether limitation for appeal should be calculated including the pendency period of the writ petition before the High Court.
1 provisions across 1 enactments
Ramachandran
The Commissioner, Hindu Religious and Charitable Endowments
The Joint Commissioner, Hindu Religious and Charitable Endowments
The Assistant Commissioner, Hindu Religious and Charitable Endowments
The Fit Person/ Inspector, Hindu Religious and Charitable Endowments
G. Pandian
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
