S. K. Mani (dead) v. Commissioner Hindu Religious & Charitable Endowmernt Department, Chennai
2012-04-02
VINOD K.SHARMA
body2012
DigiLaw.ai
JUDGMENT 1. On the oral request of petitioner, the legal heir of the petitioner is ordered to be brought on record. 2. Though the petitioner is stated to be dead, the only relief claimed in this writ petition is that statutory appeal filed by petitioner with the 2nd respondent in the month of December, 2010, has not been disposed of. 3. Learned counsel for the respondents points out, that the appeal could not be numbered and decided, because there was objection by private respondents to the relief claimed by petitioner. 4. This cannot be the ground to keep the appeal pending, as the appeal being statutory, the respondent no.2 is under legal obligation to decide the appeal in accordance with law, after affording opportunity of hearing to all concerned parties. 5. For the reasons stated, this writ petition is disposed of, with liberty to the legal representative of petitioner, to move application, for being brought on record in the pending appeal, and in case any such application is moved, the respondent no.2 shall decide the application in appeal expeditiously and dispose of the appeal in accordance with law, preferably within six months of receipt of the application.