Disposed

Ashok Kumar v. The Commissioner

Madras HC14 Oct 2024WP(MD)/20876/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition challenging an impugned order by directing the Commissioner to decide an appeal filed by the petitioner within eight weeks, clarifying that the court did not examine the limitation issue.

What did the court decide?

Disposal of the appeal by the Commissioner within eight weeks from the date of receipt of the order copy.

Ashok Kumar Vs The Commissioner — Writ and Judicial Review | Madras HC (2024)

¶1

W.P(MD)No.20876 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 14.10.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

¶6

W.P(MD)No.20876 of 2024 and

¶7

W.M.P(MD)No.17687 of 2024

¶8

Ashok Kumar,

¶9

Through it's Secretary,

¶10

Sri Balakrishnasamy Temple Management Trust.

¶11

... Petitioner

¶12

Vs.

¶13

1.The Commissioner,

¶14

Hindu Religious and Charitable Endowment Department, 23 Uthamar Mahatma Gandhi Road, Nungambakkam,

¶15

Chennai-34.

¶16

2.The District Collector, Theni District,

¶17

Theni.

¶18

3.The Revenue Divisional Officer, Periyakulam, Theni District.

¶19

4.The Deputy Superintendent of Police, Periyakulam, Theni District.

¶20

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

¶21

1/6

¶22

W.P(MD)No.20876 of 2024

¶23

5.The Tahsildar, Taluk Office, Periyakulam, Theni District.

¶24

6.The Joint Commissioner,

¶25

Hindu Religious and Charitable Endowment Department, Trichy Road,

¶26

Seelapadi, Dindigul.

¶27

7.The Inspector of Police, Devadanapatti Police Station, Theni District.

¶28

8.The Inspector,

¶29

Hindu Religious and Charitable Endowment Department, Periyakulam Region, Periyakulam,

¶30

Theni District.

¶31

9.Aruna Sekar

¶32

10.A.S.Udhayan Rayeswaran ... Respondents

¶33

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for records of the impugned order of Na.Ka.No.558704/2024/z2/, dated 14.08.2024 passed by the first respondent and quash the same and to pass such further order or other orders as this Court.

¶34

For Petitioner : Mr.R.Murugappan

¶35

For R-1, R-2, R-3, R-5, R-6 & R-8 : Mr.K.S.Selvaganesan Additional Government Pleader

¶36

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

¶37

2/6

¶38

W.P(MD)No.20876 of 2024

¶39

For R-4 & R-7 : Mr.M.Vaikkam Karunanithi Government Advocate For R-9 : Mr.C.Lakshmanan For R-10 : Mr.Karthikeya Venkatachalapathy

¶40

ORDER

¶41

The present writ petition has been filed challenging the impugned order issued by the first respondent in Na.Ka.No.558704/2024/z2/, dated 14.08.2024.

¶42

It is submitted by the learned Counsel for the petitioner that the petitioner had subsequent to the filing of the present writ petition filed an appeal, challenging the order of the Joint Commissioner under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, dated 11.09.2023 before the Commissioner under Section 69 of the Act on 03.10.2024. The learned Counsel for the petitioner would confine his prayer that the Commissioner may dispose of the appeal within a stipulated period.

¶43

In view thereof, the writ petition stands disposed of by directing the Commissioner to dispose of the appeal within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not

¶44

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

¶45

3/6

¶46

W.P(MD)No.20876 of 2024

¶47

examined whether the appeal is filed within the period of limitation or otherwise, that may have to be decided by the Commissioner before proceeding to dispose of the appeal.

¶48

The writ petition stands disposed of, accordingly. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

¶49

14.10.2024

¶50

NCC : Yes / No Index : Yes / No Internet : Yes BTR

¶51

¶52

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 23 Uthamar Mahatma Gandhi Road, Nungambakkam, Chennai-34.

¶53

2.The District Collector, Theni District, Theni.

¶54

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

¶55

4/6

¶56

W.P(MD)No.20876 of 2024

¶57

3.The Revenue Divisional Officer, Periyakulam, Theni District.

¶58

4.The Deputy Superintendent of Police, Periyakulam, Theni District.

¶59

5.The Tahsildar, Taluk Office, Periyakulam, Theni District.

¶60

6.The Joint Commissioner,

¶61

Hindu Religious and Charitable Endowment Department, Trichy Road, Seelapadi, Dindigul.

¶62

7.The Inspector of Police, Devadanapatti Police Station, Theni District.

¶63

8.The Inspector,

¶64

Hindu Religious and Charitable Endowment Department, Periyakulam Region, Periyakulam,

¶65

Theni District.

¶66

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

¶67

5/6

¶68

W.P(MD)No.20876 of 2024

¶69

MOHAMMED SHAFFIQ, J.

¶70

BTR

¶71

W.P(MD)No.20876 of 2024

¶72

14.10.2024

¶73

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

¶74

6/6

Ashok Kumar v. The Commissioner

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Vs P.N.Sridaran

M/s. Uvaraj Industries Vs The Appellate Deputy Commissioner (St)

A.Sivaprakash Vs The Commissioner

Abdul Jabbar. S Vs The Chief Executive Officer

M/s Sri Kaleeswari Stores Vs The Assistant Commissioner

M.Raja Mohamed Vs The District Collector cum Regional Transport Authority