A devotee sought a mandamus to direct the Joint Commissioner, HR & CE Department to decide his Original Application under Section 64(1) for framing a scheme and appointing trustees from his community, pending since 2023. The court directed disposal within three months.
First respondent directed to dispose of O.A.No.02 of 2023 within three months; no costs.
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W.P.No.2790 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.2790 of 2024
C.Ganesan
... Petitioner
Vs.
2.The Fit Person, Arulmigu Ponkaliamman Thirukoil, Marapparai, Thiruchengode, Namakkal.
Office at The Executive Officer, Arulmigu Athanooramman Thirukoil, Athanoor, Thiruchengode, Namakkal District.
... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to dispose of O.A.No.02 of 2023 pending on the file of the first respondent as expeditiously within a time frame fixed by this Court.
For Petitioner : Mr.B.Ravi
For Respondents : Mr.K.Karthikeyan, GA for R1 & R2
Page No.1 of 4
W.P.No.2790 of 2024
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the first respondent to dispose the O.A.No.02 of 2023 pending on the file of the first respondent as expeditiously within a time frame fixed by this Court.
2 . Heard Mr.B.Ravi, learned counsel for the petitioner and
Mr.K.Karthikeyan, learned Government Advocate for the respondents.
3. The petitioner is the devotee of the second respondent temple
which is located at Marapparai Village, Thiruchengode Taluk, Namakkal District. The said temple falls within the administrative jurisdiction of the Namakkal Assistant Commissioner, HR & CE Department. According to the petitioner, the petitioner and his community people have carried out several construction works and consecration in the temple with the permission of the HR & CE Department. The petitioner and others filed an Original Application before the Joint Commissioner of HR & CE Department, the first respondent herein under Section 64(1) of theAct for
Page No.2 of 4
W.P.No.2790 of 2024
framing of scheme and appointment of trustees from the petitioner's community. The said Application has been numbered as O.A.No.2 of 2023. Despite the Original Application has been filed in the year 2023, till now no counter has been filed and the Original Application is also not disposed. Therefore, the petitioner is before this Court.
4. The learned Government Advocate (HR & CE) for the respondents submitted that the Original Application filed by the petitioner will be disposed within a time limit as may be fixed by this Court.
5. In view of the above submission, this Writ Petition is disposed and the first respondent is directed to dispose the Original Application in O.A.No.02 of 2023 within a period of three months from the date of receipt of a copy of this order. No costs.
08.02.2024
Index : Yes /No Internet : Yes/No Speaking / Non-speaking Neutral Citation : Yes / No gsk
Page No.3 of 4
W.P.No.2790 of 2024
R.N.MANJULA, J.
gsk
To
W.P.No.2790 of 2024
08.02.2024
Page No.4 of 4
1 issue framed by the court
Whether the Joint Commissioner, HR & CE can be directed to dispose of O.A.No.02 of 2023 within a time frame.
2 provisions across 2 enactments
C.Ganesan
The Joint Commissioner, H.R & C.E. Department, Erode
The Fit Person, Arulmigu Ponkaliamman Thirukoil, Marapparai, Thiruchengode, Namakkal
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
