BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01/10/2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD)No.12400 of 2010 Subburama Konar .. Petitioner Versus 1.The Tahsildar, Avidayarkoil Taluk, Pudukkottai District. 2.The Inspector of Police, Mimisal, Avidayarkovil Taluk, Pudukkottai District. 3.The Executive Officer, A/M.Kalyanaramasamy Temple, Mimisal, Avidayarkovil Taluk, Pudukkottai District. .. Respondents Prayer Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 01.09.2010 and 15.09.2010 within reasonable time. !For petitioner ... M/s.N.Balakrishnan ^For respondents... Mr.K.M.Vijayakumar Special Government Pleader :ORDER
Heard Mr.N.Balakrishnan, the learned counsel appearing on behalf of the
petitioner, as well as Mr.K.M.Vijayakumar, the learned Special Government
Pleader appearing on behalf of the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that it would suffice, if
the representation of the petitioner, dated 15.09.2010, is directed to be
disposed of, within a specified period.
3. The learned Special Government Pleader appearing on behalf of the
respondents, has no objection for such an order being passed by this Court.
4. In view of the averments made in the affidavit filed in support of this
petition and in view of the submissions made by the learned counsel appearing on
behalf of the petitioner, the first respondent is directed to consider and
dispose of the petitioner’s representation, dated 15.09.2010, within a period of
eight weeks from the date of receipt of a copy of this order. However, if it is
found that the issue in the petitioner’s representation, dated 15.09.2010,
requires the consideration of the authorities concerned, as prescribed under
Section 63 of the Hindu Religious and Charitable Endowments Act, 1959, it would
be open to the first respondent to pass such an order asking the petitioner to
approach the appropriate authorities, as per law. The petitioner is directed to
submit a copy of the representation, dated 15.09.2010, along with a copy of this
order, to the first respondent. However, it is made clear, that this Court, by
this order, has not expressed any opinion on the merits of the matter.
5. The writ petition stands disposed of, with the above directions. No
costs.
srm
To
1.The Tahsildar,
Avidayarkoil Taluk,
Pudukkottai District.
2.The Inspector of Police,
Mimisal,
Avidayarkovil Taluk,
Pudukkottai District.
3.The Executive Officer,
A/M.Kalyanaramasamy Temple,
Mimisal,
Avidayarkovil Taluk,
Pudukkottai District.