BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024 CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.(MD)No.1057 of 2024 and C.M.P.(MD)No.7893 of 2024 P.Marudaiyan Chettiar ... Appellant -Vs-

1.M.Sivakumar

2.The Commissioner, Hindu Religious Charitable and Endowment Department, 119, Uthamar Gandhi Salai West, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, Hindu Religious Charitable and Endowment Department, No.56, Sachinantha Moopanar Road, NSC Bose Nagar, Thanjavur-613 007.

4.The Revenue Divisional Officer, Thanjavur.

5.M.Veeran Poosari

6.M.Durairaj Poosari

7.Rajendran Poosari

8.Chinnaiyan Poosari ... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 18.04.2024 made in W.P.(MD)No.9489 of 2024 on the file of this Court.

For Appellant : Mr.D.Rajagopal For R1 : Mr.M.Gnanagurunathan For R2 to R4 : Mr.P.Subbaraj, Special Government Pleader

JUDGMENT

[Judgment of the Court was delivered by R.SURESH KUMAR, J.

This is a third party intra-Court appeal, assailing the order passed by the Writ Court dated 18.04.2024 made in W.P.(MD)No.9489 of 2024.

2.The said Writ Petition was filed by one M.Sivakumar, who is the 1^st respondent herein. He had approached the Writ Court, seeking for Mandamus, directing the respondents 1 and 2 therein to protect the deities and temple, namely, Karuppar Kovil situated at Palayapatti South Village, Budalur Taluk, Thanjavur district by bringing the said temple under the control of the Hindu Religious and Charitable Endowments (HR & CE) Department by considering the petitioner's representation dated 11.10.2023.

3.When the said Writ Petition was taken up for hearing by the Writ Court on 18.04.2024, it was represented by the learned Government Advocate for the official respondents therein / respondents 2 to 4 herein that based on the representation given by the writ petitioner, the Joint Commissioner of HR & CE Department, who is the 2^nd respondent in the Writ Petition, has already initiated enquiry and this fact has been communicated to the writ petitioner by the Assistant Commissioner, HR & CE Department, Thanjavur on 02.02.2024 through his communication.

4.When this factor has been brought to the notice of the learned Single Judge by the learned Government Advocate for the official respondents in the Writ Petition, the learned Single Judge, having recorded the same, passed the following order:-

“4.It is further submitted that the enquiry will be completed and appropriate orders will be passed within a period of 3 months.

5.Recording the above submission the Writ Petition stands disposed of by directing the second respondent to pass appropriate orders on merits and in accordance with law within a period of 3 months from the date of receipt of a copy of this order. No costs.”

5.The learned Single Judge in the operative portion has only stated that recording the above submission, the Writ Petition stands disposed of by directing the 2^nd respondent / Joint Commissioner to pass appropriate orders on merits and in accordance with law within a period of three months.

6.According to the present appellant, he is aggrieved with this direction given by the learned Single Judge. The reason for such grievance, according to the learned counsel for the appellant, is that under Section 13 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the Act') though the power is vested with the Commissioner of HR & CE Department to make delegations on the Joint Commissioner or Deputy Commissioner with regard to the area, where he can exercise the power conferred on him or discharge the duties imposed by the Government, insofar as the enquiry to be conducted by the Commissioner is concerned, under Section 72 of the Act, it cannot be delegated by virtue of Sub Section 2 of Section 13 of the Act.

7.Therefore, it is the contention of the learned counsel for the appellant that the