P. SUNDARAMURTHY Vs. THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU, TOURISM, CULTURAL & RELIGIOUS DEPARTMENT AND ORS.

JUDGEMENT

(1.) HEARD Mr. K. Raja, learned counsel appearing for the petitioner and Mr. M.L. Mahendran, learned Government Advocate appearing for the respondents 1 to 3 and M/s. Kanimozhimathi, learned counsel appearing for the respondents 4 to 8 and perused the materials available on record.

(2.) THE petitioner has filed this writ petition challenging the order passed by the 1st respondent in G.O. Ms. No. 3, Tourism and Cultural and Religious Department dated 03.01.2014.

(3.) THE writ petitioner filed an application before the Joint Commissioner, HR&CE, Mayiladuthurai, the 3rd respondent herein, to declare him as the Hereditary Trustee of Arulmighu Karpavinayagar Temple at Kida Thalaivan Palayam Village, Thillaiyadi Post, Tharangampadi Taluk, Nagapattinam District. The said application was taken on file as OA. No. 5/2008 and by order dated 25.01.2011, the Joint Commissioner, Mayiladuthurai, allowed the application. It is to be pointed out that in the said application filed by the present writ petitioner, P.Sundaramurthy, there was no respondent. Therefore, the order passed by the 3rd respondent, was an uncontested order as there was no respondent impleaded to contest the claim. It is not known as to how the 3rd respondent/Joint Commissioner, entertained such a petition. Be that as it may, the respondents 4 to 8 having come to know of the same, filed an appeal under section 69[1] of the Act before the Commissioner, HR&CE/2nd respondent herein. Since the respondents 4 to 8 were not parties to OA. No. 5/2008, the provision relating to the limitation will commence only from the date of knowledge of the order passed by the 3rd respondent. Nevertheless, since the limitation was computed by the 2nd respondent from the date of the order, the respondents 4 to 8 filed a petition for condonation of delay of 241 days in filing the appeal petition.