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1993 Supreme(Mad) 459

K.A.SWAMI, SOMASUNDARAM
S. A. Ponnuswami – Appellant
Versus
The Deputy Commissioner, H. R. and CE (Admn. ) Department, Coimbatore and others – Respondent


Advocates:
R.M.Krishna Raju, for Appellants.

Judgment :-

K.A.Swami, CJ.

This appeal is preferred against the order dated 8. 1993 passed by the learned single Judge in W.P.No. 14364 of 1993. The petitioner/ appellant sought for quashing the order dated 11. 1992 bearing S.M.R.1/92 passed by the Commissioner, H.R. & C.E. (Admn.) Department, on the ground that the Commissioner has passed the aforesaid order in exercise of his suo motu powers after a lapse of 10 years from the date of the order passed by the Deputy Commissioner. Learned single Judge has rejected the contention of the petitioner that the exercise of suo motu power by the Commissioner is arbitrary and he should not have exercised it after a lapse of 10 years. Learned single Judge has held that there is no time limit prescribed by Sec.69(2) of the Tamil Nadu Hindu Religious and Charitable Endownments Act, 1959 (hereinafter referred to as ‘the Act’) and as such, it cannot be said that the Commissioner has acted without jurisdiction in exercise of suo motu jurisdiction under Sec.69(2) of the Act. It has also been pointed out by the learned single Judge that the matter has now been remanded without any condition, and the Deputy Commissioner has been directed to render a
















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