Madras High Court
Dr.M.Ananthakumar vs S.P.Chandran on 6 April, 2023
W.A.No.1402 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.1402 of 2022
Dr.M.Ananthakumar .. Appellant
Vs
1.S.P.Chandran
2.The Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowments,
Nungambakkam,
Chennai-600 034.
3.The Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowments,
Sivagangai District,
Sivagangai.
4.The Fit Person/Thakkar,
Arulmigu Adaikalam Katha Iyyanar and
Badrakali Amman Thirukoil,
Kilmadapuram, Sivagangai. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 11.5.2022 passed in W.P.No.12606 of 2022.
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W.A.No.1402 of 2022
For the Appellant : Mrs.AL.Ganthimathi
Senior Counsel
for Ms.S.Meenakshi
For the Respondents : Mr.V.Vijay Shankar
for respondent No.1
: Mr.N.R.R.Arun Natarajan
Spl. Govt. Pleader (HR&CE)
for respondent Nos.2 to 4
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order of the learned
Single Judge dated 11.5.2022 made in W.P.No.12606 of 2022,
whereby the learned Single Judge while disposing of the writ
petition observed that it is open to the authority concerned to
dispose of the revision petition filed by the first respondent herein
one way or the other. While observing so, the learned Single Judge
directed that the order dated 22.4.2022 passed by the Joint
Commissioner, HR & CE appointing the Fit Person/Thakkar shall be
kept in abeyance till the Commissioner, HR & CE, disposes of the
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W.A.No.1402 of 2022
interim application filed by the first respondent herein on merits and
in accordance with law.
2. Since in the revision preferred by the first respondent, the
appellant has been made as party, the appellant has filed
C.M.P.No.8891 of 2022 to grant leave to file an appeal against the
order dated 11.5.2022 passed in W.P.No.12606 of 2022. By the
order dated 25.5.2022, a Division Bench of this Court granted leave
to the appellant to file writ appeal against the order dated
11.5.2022 passed in W.P.No.12606 of 2022.
3. Today, when the writ appeal is taken up for hearing, both
learned senior counsel appearing for the appellant and learned
counsel appearing for the first respondent jointly made a statement
that this writ appeal may be closed directing the Commissioner, HR
& CE to proceed with the revision on merits and in accordance with
law.
4. In view of the joint statement made by learned senior
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W.A.No.1402 of 2022
counsel for the appellant as well as learned counsel for the first
respondent, we direct the Commissioner, HR & CE, the second
respondent herein, to dispose of the revision preferred by the first
respondent herein, within a period of four weeks from the date of
receipt of a copy of this judgment. The appellant and the first
respondent are directed to cooperate with the second respondent
Commissioner, HR & CE for early disposal of the revision.
5. Accordingly, the writ appeal is closed. There will be no
order as to costs. Consequently, C.M.P.Nos.8982 of 2022 and 3357
of 2023 are also closed.
It is needless to mention that till the disposal of the revision,
the interim order of stay dated 26.5.2022 granted by this Court in
this appeal shall continue.
(T.R., ACJ.) (D.B.C., J.)
06.04.2023
Index : No
Neutral Citation : No
bbr
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W.A.No.1402 of 2022
To
1.The Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowments,
Nungambakkam,
Chennai-600 034.
2.The Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowments,
Sivagangai District,
Sivagangai.
3.The Fit Person/Thakkar,
Arulmigu Adaikalam Katha Iyyanar and
Badrakali Amman Thirukoil,
Kilmadapuram, Sivagangai.
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W.A.No.1402 of 2022
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.1402 of 2022
06.04.2023
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