V MURUGANANDAM Vs. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT, NUNGAMBAKKAM

JUDGEMENT

(1.) In all these three writ petitions, the respective petitioners are aggrieved against the order passed by the Commissioner, HR & CE, Chennai - 600 034, in dismissing the claim of the petitioners as hereditary trustee solely on the ground that the said claim was barred by limitation. These petitioners also questioned the appointment of the 3rd respondent herein as the trustees of Sri Rajathagiriswaraswamy Temple, Keezhvelur Taluk, Velankanni, Nagapattinam District.

(2.) Heard the learned counsel for the petitioners, Mr.M.Maharaja, learned Special Government Pleader appearing for the HR & CE Department and Mr.R.Saravanakumar, learned counsel appearing for the 4th respondent in W.P.Nos.43153 and 41422 of 2016 and 3rd respondent in W.P.No.43154 of 2016.

(3.) It is seen that the first respondent rejected the claim of the petitioners for hereditary trusteeship and also their challenge against the appointment of the third respondent in W.P.No.43154 of 2016 only on the ground that their plea is barred by limitation. But the first respondent failed to take into consideration of the order passed by this Court in W.P.Nos.34366 and 34367 of 2015, wherein this Court by an order dated 28.10.2015, granted liberty to the petitioner herein in W.P.Nos.43153 of 2016 and 43154 of 2016 to file an appeal to the Commissioner, HR & CE, within a period of four weeks, also by granting liberty to seek appropriate interim order before the Commissioner in the appeal to be filed. Admittedly, based on the said order passed by this Court, the subject matter revision/appeal was filed before the Commissioner, HR&CE, who in turn, has gone into the question of limitation and dismissed the same as barred by time. The said order dated 28.10.2015 made in W.P.Nos.34366 and 34367 of 2015 reads as follows: