BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29/10/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P(MD)No.10733 of 2009 V.Veeranan ...Petitioner Vs The Commissioner of Hindu Religious and Charitable Endowment, Nungambakkam High Road, Chennai-600 034. ...Respondent Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus by directing the respondent to consider the petitioner's representation dated 07-10-2009 read with earlier petition dated 06-07-2009. !For Petitioner ... Mr.G.R.Swaminathan ^For Respondents... Mr.K.M.Vijayakumar. :ORDER
This writ petition has been filed praying for a Writ of Mandamus to direct
the respondent to consider the petitioner’s representation, dated 07-10-2009,
read with the earlier petition, dated 06-07-2009.
2.The issue relates to the purchase of 95 cents of land in Kochadai, in
Sr.No.122/2 belonging to Veediyudaya Ayyanar Koil at Virapttipathu through Court
proceedings by filing Trust O.P.No.2 of 1997. The said sale has been challenged
by the Fit Person of the temple, before this Court, in C.R.P.No.281 of 2002, and
it is still pending. The petitioner had also filed a Writ Petition in W.P.
No.1269 of 2009, to direct the respondent to dispose of the representation made
by the petitioner. This Court, by an order, dated 16-02-2009, had directed the
respondent to consider the representation of the petitioner and pass orders
thereon. The respondent had passed an order, dated 19-06-2009, declining the
request for compromise. Hence, the petitioner had filed the present writ
petition, under Article 226 of the Constitution of India.
3.Heard the learned counsel appearing for the petitioner and the learned
counsel appearing for the respondent.
4.The learned counsel for the respondent had submitted that the petitioner
had filed a revision petition before the respondent. He had further submitted
that the petitioner could file a revision petition before the State Government,
under Section 114 of the Hindu Religious and Charitable Endowments Act or he can
prefer a review petition before the respondent to consider his request.
5.The learned counsel for the petitioner had submitted that the petitioner
would submit a Review Petition to the concerned authority, with regard to the
above mentioned issue.
6.In view of the submissions of the learned counsels appearing on both
sides, it is made clear that it would be open to the petitioner to file a
Review Petition before the respondent, within a period of ten days from today.
On such Review Petition being filed, the respondent is directed to dispose of
the same, within a period of six weeks thereafter.
7. Accordingly, this writ petition is disposed of with the above
direction. No costs.
Gsr
TO:
The Commissioner of Hindu Religious &
Charitable Endowment,
Nungambakkam High Road,
Chennai-600 034.