Madras High Court
Y.Sivakumar vs The Commissioner on 28 June, 2023
Author: P.T.Asha
Bench: P.T.Asha
W.P.(MD) Nos.15479 to 15483 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) Nos.15479 to 15483 of 2023
and
W.M.P.(MD) Nos.13034 to 13038 of 2023
W.P.(MD) No.15479 of 2023:
Y.Sivakumar .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar District.
___________
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W.P.(MD) Nos.15479 to 15483 of 2023
4.The Executive Officer,
A/M.Thathankulam Vinayagar Temple,
Aruppukottai, Virudhunagar District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
entire records pertaining to the impugned notice issued by the fourth
respondent under Sections 78(1) and 78(2) dated 17.03.2023, and to
quash the same as illegal and consequently directing the respondents not
to interfere with the peaceful possession and business of the petitioner in
Shop No.167, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.
167/1149, Aruppukkottai Town, Virudhunagar District.
W.P.(MD) No.15480 of 2023:
Suresh Babu .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
___________
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W.P.(MD) Nos.15479 to 15483 of 2023
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar District.
4.The Executive Officer,
A/M.Thathankulam Vinayagar Temple,
Aruppukottai, Virudhunagar District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
entire records pertaining to the impugned notice issued by the fourth
respondent under Sections 78(1) and 78(2) dated 17.03.2023, and to
quash the same as illegal and consequently directing the respondents not
to interfere with the peaceful possession and business of the petitioner in
Shop No.169, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.
167/1149, Aruppukkottai Town, Virudhunagar District.
W.P.(MD) No.15481 of 2023:
Y.Kannan .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
___________
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W.P.(MD) Nos.15479 to 15483 of 2023
Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar District.
4.The Executive Officer,
A/M.Thathankulam Vinayagar Temple,
Aruppukottai, Virudhunagar District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
entire records pertaining to the impugned notice issued by the fourth
respondent under Sections 78(1) and 78(2) dated 17.03.2023, and to
quash the same as illegal and consequently directing the respondents not
to interfere with the peaceful possession and business of the petitioner in
Shop Nos.166, 166(1)(2)(3)(4)(5)(6)(7) in T.S.No.271, Block 9, Ward D,
Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar
District.
___________
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W.P.(MD) Nos.15479 to 15483 of 2023
W.P.(MD) No.15482 of 2023:
Ram Babu .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar District.
4.The Executive Officer,
A/M.Thathankulam Vinayagar Temple,
Aruppukottai, Virudhunagar District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
entire records pertaining to the impugned notice issued by the fourth
respondent under Sections 78(1) and 78(2) dated 17.03.2023, and to
___________
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W.P.(MD) Nos.15479 to 15483 of 2023
quash the same as illegal and consequently directing the respondents not
to interfere with the peaceful possession and business of the petitioner in
Shop No.165, 165(1)(2)(3)(4)(5)(6)(7), in T.S.No.271, Block 9, Ward D,
Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar
District.
W.P.(MD) No.15483 of 2023:
S.Shankar .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar District.
4.The Executive Officer,
A/M.Thathankulam Vinayagar Temple,
Aruppukottai, Virudhunagar District. .. Respondents
___________
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W.P.(MD) Nos.15479 to 15483 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
entire records pertaining to the impugned notice issued by the fourth
respondent under Sections 78(1) and 78(2) dated 17.03.2023, and to
quash the same as illegal and consequently directing the respondents not
to interfere with the peaceful possession and business of the petitioner in
Shop No.173-A, in T.S.No.271, Block 9, Ward D, Old S.No.123, New
S.No.167/1149, Aruppukkottai Town, Virudhunagar District.
In all W.Ps.
For Petitioner : Mr.S.Madhavan
For RR1 to 3 : Mr.P.Subbaraj
Special Government Pleader
For R4 : Mr.P.Mahendran
COMMON ORDER
These writ petitions are filed challenging the impugned notices dated 17.03.2023, quash the same and consequently, direct the respondents not to interfere with the peaceful possession and the ___________ Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023 business of the petitioners in the petition mentioned shops.
2. In similar circumstances, this Court by its order dated 28.04.2023 in W.P.(MD) No.10814 of 2023, quashed the impugned notice by passing the following order:
“3. The conduct of the fourth respondent in issuing this proceedings is a flagrant attempt to overreach the judgment of a Civil Court. As an date, the petitioner's title to the property has been denied by the civil Court and challenge to this decree is now pending in appeal. In this background, the proceedings now initiated is illegal and has to necessarily be set aside. Accordingly, this Writ Petition is allowed and the proceeding initiated under the impugned order, dated 17.03.2023, is quashed. No costs. Consequently, connected miscellaneous petition is closed.”
3. Thus, following the above, these Writ Petitions are allowed and the impugned notices are quashed. It is made clear that the appellate authority shall dispose of the appeal suit as expeditiously as possible not ___________ Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023 later than a period of six months from the date of the appeal being ready for hearing. No costs. Consequently, connected miscellaneous petitions are closed.
28.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.19, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.
___________ Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023 P.T.ASHA, J.
abr W.P.(MD) Nos.15479 to 15483 of 2023 Dated: 28.06.2023 ___________ Page 10 of 10 https://www.mhc.tn.gov.in/judis