Petition sought early disposal of an appeal pending before the Commissioner, HR & CE Department against dismissal of a hereditary trustee declaration application. The court noted the appellant was not impleaded and the petitioner's relationship with the temple was not disclosed, and dismissed the writ petition.
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W.P(MD)No.833 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.833 of 2024
K.V. Kannan
...Petitioner
Vs
...Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing
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W.P(MD)No.833 of 2024
the first respondent to dispose of the appeal in A.P.No.08/2023/D2, dated Nil, filed against the order passed by the second respondent in R.C.No.674/2022/E2, dated 24.02.2023 within a time frame fixed by this Court.
For Petitioner : Mr.D.Kirubakaran For Respondents : Mr.P.Subba Raj Special Government Pleader
O R D E R
The petitioner has filed this writ petition for an early
disposal of an appeal filed by one Vellaiyan Poosai, which is pending before the Commissioner, HR & CE Department, Chennai.
2.The case of the petitioner is that one Adaikkalam Poosari, father of Vellaiyan Poosari was appointed as hereditary trustee of Arulmighu Senbaga Sastha Ayyanar Temple, situated at S.No.73, Nallammal Samuthiram Revenue Village, Thirumayam Taluk, Pudukottai District. The above temple was maintained by the family members of Adaikalam Poosari. After the demise of Adaikalam Poosari on 19.04.1985, his sons, V.A.Karuppaiya and
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W.P(MD)No.833 of 2024
Vellaiyan Poosari are administering the temple. At this juncture, Vellaiyan Poosari has filed an application in R.C.No.674/2022 before the Joint Commissioner, HR & CE Department, Thanjavur to declare him as a hereditary trustee of the temple and the same was dismissed. Challenging the same, Vellaiyan Poosari filed an appeal under Section 54(4) of Tamil Nadu HR & CE Act, 1959 before the Commissioner, HR & CE Department and the same was taken on file in A.P.No.08/2023/D2. The grievance of the petitioner is that the appeal filed by Vellaiyan Poosari is still pending without any progress.
3.Though the petitioner has filed this writ petition for an early disposal of an appeal filed by Vellaiyan Poosari, he has not impleaded the said Vellaiyan Poosari as a respondent in this writ petition. More over, the petitioner has not disclosed his relationship with the temple in this writ petition.
No costs.
W.P(MD)No.833 of 2024
4.In view of the above, this writ petition is dismissed.
12.01.2024
NCC: Yes/No Index:Yes/No Internet:Yes vrn To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Numgambakkam, Chennai – 600 034.
2.The Joint Commissioner, HR & CE Department, Thanjavur.
3.Fit Person/ Executive Officer, Arulmigu Senbaga Sastha Ayyanar Temple, Nambooranipatti, Thirumayam Taluk, Pudukottai District.
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W.P(MD)No.833 of 2024
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.833 of 2024
12.01.2024
1 issue framed by the court
Should the writ court direct early disposal of a pending appeal under the TN HR&CE Act when the appellant is not impleaded and the petitioner's interest in the temple is undisclosed?
2 provisions across 2 enactments
K.V. Kannan
The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai
The Joint Commissioner, HR & CE Department, Thanjavur
Fit Person/ Executive Officer, Arulmigu Senbaga Sastha Ayyanar Temple
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
