Ct.Kumaresan vs The Joint Commissioner
2023 Latest Caselaw 1897 Mad

                                                                           W.P.(MD) No.4646 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 06.03.2023

                                                   CORAM:

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                           W.P.(MD) No.4646 of 2023

                     CT.Kumaresan                                     .. Petitioner

                                                        Vs.

                     1.The Joint Commissioner,
                       Hindu Religious and Charitable
                        Endowments Department,
                       Sivagangai.

                     2.Sivagangai Samasthanam Devasthanam,
                       Rep., by its Manager,
                       Sivagangai.

                     3.C.Alagappan

                     4.K.Periyasamy

                     5.M.Pachamuthu                                   .. Respondents

                     Prayer :- Petition filed under Article 226 of the Constitution of India,
                     praying for issuance of a Writ of Mandamus directing the 1st respondent
                     to process the application presented on 14.06.2018 before the 1st
                     respondent to condone the delay in filing application to restore the
                     O.A.No.29 of 1992 on his file, which was dismissed for default on

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                                                                                     W.P.(MD) No.4646 of 2023



                     14.12.2017 and pass appropriate order in the said application filed by the
                     petitioner.

                                        For Petitioner      :      Mr.V.R.Shanmuganathan

                                        For R1              :      Mr.P.Subbaraj
                                                                   Special Government Pleader

                                        For R2              :      Mr.S.Madhavan


                                                                ORDER

This writ petition is filed seeking issuance of Writ of Mandamus

directing the first respondent to dispose of the application presented by

the petitioner on 14.06.2018 before him to condone the delay in filing the

application to restore O.A.No.29 of 1992, which was dismissed for

default on 14.12.2017.

2. The brief fact, which is necessary to dispose of this writ petition

is as follows:

The petitioner had approached the first respondent under Sections

63(e) and 106 of the Tamil Nadu Hindu Religious and Charitable

Endowments Act, 1959 (hereinafter referred to as “the HR & CE Act”)

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for a declaration regarding the usage by a community for pulling the

temple car rope during the car festival of Arulmighu Veerasekara and

Umayambigai Temple at Sakkottai, Karaikudi Taluk, Sivagangai Disrtict.

3. The averments in the writ petition would state that this was the

custom which had been going on for a considerable time, but had gone

out of vogue for over four decades by reason of the fact that (a) the

temple car had become dilapidated and (b) there was dispute with

reference to as to who should pull the temple car. It is, in this backdrop

the petitioner had moved the first respondent and several persons had

impleaded themselves in the proceedings and the first respondent

attempted to bring about consensus between the stakeholders. The talks

ended in failure and for enquiry in the original application, the same was

listed on 14.12.2017. On that date, the petitioner could not appear before

the first respondent and the Advocate, whom he had engaged, was also

not present. Therefore, the original application came to be dismissed for

default. This order was received by the petitioner's Advocate only on

25.01.2018 and communicated to the petitioner in the month of March,

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2018. Thereafter, the petitioner had moved an application for condoning

the delay of 109 days in filing the restoration application on 14.06.2018.

However, the application has not been heard by the first respondent.

Therefore, the present writ petition has been filed for the limited purpose

of a direction to the first respondent to dispose of the said application.

4. The petitioner had set out the above facts and the learned

Special Government Pleader represented that in the judgment in

Ganesan, Rep., by his Power Agent Vs. Commissioner, Tamil Nadu

Hindu Religious and Charitable Endowments Board, Chennai reported

in 2019 (3) CTC 469, the applicability of Section 29(2) of the Limitation

Act is not available to the statutory authorities like the Commissioner

under the HR & CE Act.

5. It is well open to the first respondent to pass orders as per law in

the application filed by the petitioner for condoning the delay in filing

the restoration application instead of keeping the same pending for over

five years on date. Therefore, this Writ Petition is allowed. The first

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respondent is directed to consider the application to condone the delay of

109 days in filing the restoration application within a period of three

weeks from the date of receipt of a copy of this order. No cots.

06.03.2023

NCC : Yes/No Index : Yes/No Internet : Yes

abr

To

The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.4646 of 2023

P.T.ASHA, J.

abr

W.P.(MD) No.4646 of 2023

Dated: 06.03.2023

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