Madras High Court
K.Shanmugam vs The Commissioner on 5 July, 2022
W.P.No.29773 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2022
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.29773 of 2011
1.K.Shanmugam
2.A.Krishnasamy
3.Meignanam
4.Velusamy Gounder
5.C.Natarajan ... Petitioners
.Vs.
1.The Commissioner
Hindu Religious and Charitable Endowments
(Admn) Department
Nungambakkam, Chennai-34.
2.Joint Commissioner
Hindu Religious and Charitable Endowments
(Admn) Department, Coimbatore.
3.P.Muruga Pandaram ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying to issue a Writ
of Certiorari, calling for the records relating to the impugned order passed by the
Commissioner, HR & CE, Chennai in R.C.No.55038/2001 D2 dt.3.5.2011, in dismissing the
condone delay application in filing the appeal and quash the same.
For Petitioner : Mr.W.C.Thiruvengadam
For Respondents : Mr.K.Karthikeyan
Government Advocate (HR & CE)
for R1 & R 2
ORDER
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W.P.No.29773 of 2011
This writ petition was filed against the order passed by the 1st respondent
dismissing the petition filed by the petitioners to condone the delay in filing the appeal.
2.The issue involved in the present writ petition is squarely covered by the
judgment of the Hon'ble Supreme Court in Ganesan .v. The Commissioner, the Tamil
Nadu Hindu Religions and Charitable Endowments Board & Ors., reported in 2019 7
SCC 108. The Hon'ble Supreme Court has categorically held as follows:
60. The provision of Section 69 of Act, indicates that
Legislature applicability of section proceedings before never 1959 also
contemplated 5 of the Limitation Commissioner. above provides that
any Section Act in 69 (2) noted order passed by the Joint
Commissioner or the Deputy Commissioner, as the case may, in respect
of which no appeal has been preferred within the period specified in
sub-section (1) may be revised by the Commissioner suo motu and the
Commissioner may call for and examine the records of the proceedings
to satisfy himself as to the regularity of such proceedings or the
correctness, legality or propriety of any decision or order passed by the
Joint Commissioner or the Deputy Commissioner, as the case may be.
61.Thus, Section 69(2) gives suo motu power to the Commissioner
to call for and examine the records of the proceedings of Joint Commissioner
or the Deputy Commissioner in respect o which no appeal has been preferred
within the period specified in sub sub-section
(1). Thus, in a case appeal is not filed within 60 days against the
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W.P.No.29773 of 2011
order of Joint Commissioner or the Deputy Commissioner, the
Commissioner is vested with suo motu power to call for and examine
the records. The suo motu power has been given to the Commissioner
to correct the orders of Joint Commissioner or the Deputy
Commissioner even if no appeal has been filed within 60 days. Giving
of suo motu power to the Commissioner is with object to ensure that an
order passed by the Joint Commissioner or the Deputy Commissioner
may be corrected when appeal is not filed within time under Section 69
(1). The scheme of Section 69 especially sub-section (2) also re-
enforces our conclusion that Legislature applicability of Section 5 in
never Section contemplated 69(1) for condoning the delay in filing an
appeal by applying Section 5 of the Limitation Act.
3.In the present case, the petitioners filed an appeal with a delay of 8 years 11
months and 4 days and the same was rightly rejected by the 1st respondent and there is
no ground to interfere with the same.
4.In the result, this writ petition stands dismissed. No costs.
05.07.2022
KP
Internet: Yes
Index: Yes/No
N.ANAND VENKATESH. J.,
KP
https://www.mhc.tn.gov.in/judis
W.P.No.29773 of 2011
To
1.The Commissioner
Hindu Religious and Charitable Endowments
(Admn) Department
Nungambakkam, Chennai-34.
2.Joint Commissioner
Hindu Religious and Charitable Endowments
(Admn) Department, Coimbatore. Registrar Office
Pondicherry.
7.The Superintendent of Police (North)
Police Head Quarters
Pondicherry.
W.P.No.29773 of 2011
05.07.2022
https://www.mhc.tn.gov.in/judis
