1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3322 of 2011 Dr.S.Poovalingam ... Petitioner Vs. The Secretary/Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai-600 034. ... Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to pass orders on the petitioner's petition dated 22.09.2008 within time stipulated by this Court. For Petitioner : Mr.S.Meenakshi Sundaram For Respondent : Mr.K.M.Vijayakumar Spl.Govt.Pleader ORDER The petitioner who is the Managing Trustee of the Trust has filed this Writ Petition to consider his petition dated 22.09.2008. The petitioner is 74 years old. He states that he and his ancestors and his sibilings jointly created an endowment for celebrating the 5th day of 'Skanda Shasti'. There is charge under the property as per the deed dated 23.11.1984. It is stated that some of the lands are being encroached by the trespassers. In spite of the best efforts, it could not be maintained. Therefore, he filed a petition under Section 34 of the Hindu Religious & Charitable Endowment Act seeking permission to sell the property as early as on 22.09.2008. For the past two and half years, no order has been passed in the application. As the petitioner has sought to sell the property in question through private sale, he made a reminder on 08.01.2011 which has been duly served and received by the respondents on 12.01.2011. Despite reminder and representation, till date no orders have been passed. Therefore, the present petition. 2. Learned Government Pleader would contend that the property in question can be brought only under auction and private sale is not acceptable. 3. Be that as it may, the fact remains that for the representation followed by a reminder, till date, no order has been passed by the respondents. The only request of the petitioner is https://hcservices.ecourts.gov.in/hcservices/ 2 that the authorities should consider his representation and pass necessary orders in accordance with law. 4. Taking into consideration that no order has been passed for the past two and half years, the respondent is directed to consider and pass orders in the representation of the petitioner dated 22.09.2008 within a period of three months from the date of receipt of a copy of this order. The Writ Petition stands allowed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Secretary/Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai-600 034. +1cc to Mr.S.Meenakshi Sundaram, Advocate SR.No.7335 +1cc to The Special Government Advocate SR.No.7478 ssm akm/01.04.11 /2p-3c/ W.P.(MD).No.3322 of 2011 22.03.2011 https://hcservices.ecourts.gov.in/hcservices/