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Prasanna Venkataramanswami Temple Vs. V.S. Lakshminarayana Iyengar & Ors [2008] INSC 692 (23 April 2008)

TARUN CHATTERJEE & HARJIT SINGH BEDI

O R D E R CIVIL APPEAL NO.4036-4037 OF 2001 Heard learned counsel for the parties.

On 04.03.2008, we passed an order to the following effect :- "It is not in dispute that the respondents themselves approached the Deputy Commissioner of Hindu Religious and Charitable Endowments Department which entertained the petition filed by the respondents and dismissed the same. Feeling aggrieved against the said order, the respondents filed an appeal before the appellate authority under the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959.

The appellate authority had set aside the order of the Deputy Commissioner and remitted the matter back to the original authority for re-hearing of the same. We find that the remand order was passed in the year 1991. We are informed by the learned counsel for the appellant that the said original proceeding has not yet been decided although about 17 years have already elapsed. We, therefore, direct that if the said proceeding is still pending after remand, let the same be decided positively within a period of one month from the date of communication of this order without being influenced by any of the observations made by the courts in the orders out of which these appeals have arisen. In view of our above directions, the hearing of the appeals is adjourned for six weeks and the appeals may be listed with the order of the Deputy Commissioner after six weeks."

In compliance with our direction, now a final order has been passed by the Court of the Joint Commissioner, H.R.& C.E., Admn.Department, Salem.1 on 15.04.2008 which has been produced by the parties in the Court and from which it appears that the parties have agreed to a New Dhittam (Scale of Expenditure) for Sathurkala Poojas (Four times per day) being introduced by the Temple Authorities. In that view of the matter, these appeals are disposed of in terms of the order dt.15.04.2008 passed by the Court of the Joint Commissioner, H.R.& C.E., Admn.Department, Salem.1. The aforesaid order shall be taken on record.

There shall be no order as to costs.

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