The Madurai Bench disposed of a writ petition challenging an order on the appointment of a non-hereditary trustee, replacing the challenge with a direction that the respondent dispose of a related scheme decree application within six months.
Directed the second respondent to dispose of O.A.No.13 of 2022 within six months.
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.
W.P.(MD)No.1658 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD)No.1658 of 2024 and
W.M.P.(MD)Nos.1696 and 1697 of 2024
Ramalingam Kottaiyandar
... Petitioner
Vs.
1.The Commissioner,
Tanjore District.
4.L.Muruganantham
5.R.Venugopal ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in his proceedings Se.Mu.Na.Ka.No.4778/2023/Aa3/ dated 09.01.2024 and consequently directing the second respondent to dispose of the application for Scheme Decree in O.A.No.13 of 2022 on the file of the second respondent within the period that may be stipulated by this Court.
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W.P.(MD)No.1658 of 2024
For Petitioner : Mr.P.Venkata Subramanian
For R-1 and R-2 : Mr.P.Subbaraj Special Government Pleader
O R D E R
Heard Mr.P.Venkata Subramanian, learned counsel for the petitioner and
Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 and 2.
by the second respondent dated 09.01.2024 and consequently directing the second respondent to dispose of the application for Scheme Decree in O.A.No. 13 of 2022 on the file of the second respondent.
3. Even though the Writ Petition had been filed challenging the appointment of non-hereditary trustee of the Thirumeni Ayynar Temple situated at Kulathai Valanadu, Orathanadu Taluk, Tanjore District, the learned counsel appearing for the petitioner would submit that challenging the very same order, the petitioner has also filed an application for framing a scheme in respect of the said Temple with the second respondent in O.A.No.13 of 2022 and would submit that he would be satisfied if the second respondent is directed to dispose
of the said Original Application within a time frame fixed by this Court.
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W.P.(MD)No.1658 of 2024
4. Considering the said request, notice to the third respondent is dispensed with.
5. In view of the above, the second respondent is directed to dispose of O.A.No.13 of 2022 filed by the petitioner within a period of six (6) months from the date of receipt of a copy of this order. It is made clear that the second respondent shall also serve notice on all the interested persons including the third respondent herein.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
04.11.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
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W.P.(MD)No.1658 of 2024
To:
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W.P.(MD)No.1658 of 2024
K.KUMARESH BABU, J.
Nsr
W.P.(MD)No.1658 of 2024
04.11.2024
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1 issue framed by the court
Whether to issue a direction to the respondent to dispose of the pending scheme decree application within a stipulated period.
1 provisions across 1 enactments
Ramalingam Kottaiyandar
The Commissioner, Hindu Religious and Charitable Endowment, Chennai
The Joint Commissioner, Hindu Religious and Charitable Endowment, Tanjore
K Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
