Madras High Court
V.Sundaramoorthy vs The Commissioner on 11 March, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.8285 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8285 of 2025
V.SUNDARAMOORTHY ... Petitioner
Vs
1. THE COMMISSIONER
H.R & C.E.,
NO. 119, UTTAMAR GANDHI SALAI,
NUNGAMBAKKAM,
CHENNAI - 600 034.
DEVARAJU GOUNDER ( DECEASED)
CHINNASAMY (DECEASED)
2. C.ARUL SENTHILKUMAR
3. C. AZILARASI
4. C. MURUGAN
5. KASTURI
6. THE JOINT COMMISSIONER, HR & CE,
COLLECTORATE OFFICE CAMPUS,
VILLUPURAM - 605 602. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, direct the first respondent to consider and take
the appeal filed in N.Dis.No.1147837/2024/D2 dated 07.01.2025 under
1/5
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W.P.No.8285 of 2025
Section 69(2) of the Tamil Nadu Hindu Religious & Charitable Endowments
Act and dispose of the same in accordance with law within a time frame fixed
by this Court.
For Petitioner : Mr.G.Surya Narayanan
For R1 & R6 : Mr.K.Karthikeyan
Government Advocate
ORDER
This writ petition is filed directing the first respondent to consider and
take up the appeal filed in N.Dis.No.1147837/2024/D2 dated 07.01.2025
under Section 69(2) of the Tamil Nadu Hindu Religious and Charitable
Endowments Act and dispose of the same in accordance with law within a
time frame fixed by this Court.
2. The petitioner is aggrieved by the recognition of the private
respondents as the hereditary trustees. However, the appeal was not filed in
time. Therefore, the impugned orders have been passed stating that the appeal
is barred by limitation.
3. The matter is no longer res integra, as the Honourable Supreme Court
has laid down in Ganesan, represented by its power agent G.Rukmani
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Ganesan vs. Commissioner, Tamil Nadu Hindu Religious and Charitable
Endowments Board and others1 that the authorities do not have the power to
condone the delay. However, in an appropriate case, they may choose to
exercise the suo motu revision under Section 69(2) of the Act.
3. The learned counsel appearing on behalf of the petitioner submits
that even in the appeal grounds, it has been specifically argued that the
authority may choose to exercise the power under Section 69(2) of the Tamil
Nadu Hindu Religious and Charitable Endowments Act. The learned counsel
further submits that in this case, even the claim of the grandson is per se ought
not to have been considered and this is a fit case for the exercise of suo motu
power.
4. In view of the rival submissions made and considering the material
records of the case, this writ petition is disposed of at the admission stage
without notice to the private respondents and in view of the following order
that is passed.
5. In view of the judgment of the Honourable Supreme Court of India in
1 (2019) 7 SCC 108
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Ganesan, cited supra, the appeal cannot be directed to be taken on file and
disposed of, as it was filed after the mandatory limitation period. However,
the petitioner will be entitled to make a fresh representation requesting the
first respondent, the Commissioner, to exercise suo motu power under Section
69(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act
within a period of two weeks from the date of receipt of the web copy of this
order. As and when, the same is received, it shall be considered on its own
merits by the first respondent in accordance with law, and appropriate orders
will be passed within a period of sixteen weeks from receipt thereof.
6. With the above directions, this writ petition stand disposed of. No
costs.
11.03.2025
Neutral Citation: Yes/No
nsl
D.BHARATHA CHAKRAVARTHY, J.
nsl
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To
1. THE COMMISSIONER
H.R & C.E.,
NO. 119, UTTAMAR GANDHI SALAI,
NUNGAMBAKKAM,
CHENNAI - 600 034.
2. THE JOINT COMMISSIONER, HR & CE,
COLLECTORATE OFFICE CAMPUS,
VILLUPURAM - 605 602.
11.03.2025
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