Devotee-lessees of a temple sought transfer of a trusteeship-suspension petition to be heard with their review petitions against an eviction order. The court held both petitions cannot be heard together but directed the Commissioner and Joint Commissioner to pass orders on all pending petitions within eight weeks.
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W.P.No. 17268 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.17268 of 2024
Versus
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...Respondents
Prayer: This petition is filed under Article 226 of the Constitution
of India to issue a writ of Mandamus directing the Respondents 1 and 2 to consider our representations dated 27.05.2024 and further transfer the M.P.No.10 of 2009 from the file of HR&CE, Salem to the file of Commissioner, HR&CE Department, Chennai to be heard along with R.P.Nos.165,166,167 of 2024 on 01.07.2024 and grant such other relief
and pass orders.
For Petitioners : Mr.C. Uma Shankar For Respondent : Mr. N.R.R. Arun NAtarajan Special Government Pleader
ORDER
This petition is filed to seeking to issue a writ of Mandamus directing the Respondents 1 and 2 to consider the petitioners
representations dated 27.05.2024 and further transfer the M.P.No.10 of
2009 from the file of HR&CE, Salem to the file of Commissioner, HR&CE Department, Chennai to be heard along with
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R.P.Nos.165,166,167 of 2024 on 01.07.2024.
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commissioner Salem to suspend the the 5th respondent from the post of Hereditary trusteeship of the said temple and the same is still pending. When this being the case, the Assistant Commissioner, HR&CE Department Salem issued notice to the petitioner under Section 78 of the HR&CE Act, 1959 to vacate the petitioner from the subject property and the Joint Commissioner, HR&CE Department Salem vide order dated 10.01.2024. Challenging the same the petitioners have file R.P.Nos 165,166 and 167 of 2024 before the first respondent herein to set aside the order dated 10.01.2024 and the same is still pending. The grievance of the petitioner is that due to the delay in passing orders in M.P.No.10 of 2009 by the Joint Commissioner HR & CE,the petitioners are in trouble and they are not able to enjoy the lands. Hence, this petition.
cause great inconvenience to them. Hence, prays to allow this petition. 4/8
W.P.No. 17268 of 2024
Special Government Pleader appearing for the respondent.
W.P.No. 17268 of 2024
of. No costs.
02.07.2024
Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn
W.P.No. 17268 of 2024
To
W.P.No. 17268 of 2024
V.BHAVANI SUBBAROYAN, J.
smn
W.P.No.17268 of 2024
02.07.2024
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2 issues framed by the court
Whether M.P.No.10 of 2009 pending before the Joint Commissioner could be transferred and heard together with R.P.Nos.165,166,167 of 2024.
Whether the authorities should be directed to decide the pending petitions within a fixed time.
4 provisions across 3 enactments
S.Easwaran
B. Kuppusamy
M.Samraj
The Commissioner, Hindu Religious & Charitable Endowments Department
The Joint Commissioner, Hindu Religious & Charitable Endowments Department
K. Sivakumar
V.Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
