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Madras High CourtWP/5878/2025disposed of

M.Ramkumar v. The Commissioner

2025-02-20Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.RamKumar, S/o.Munirathanam,(Late) Bajanai Kovil Street, Putlur, Ramapuram, Thiruvallur Taluk and District.

... Petitioner /versus/

1. The Commissioner, Hindu Religious & Charitable Endowments Department (HR& CE), Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, HR & CE, Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, C.V.Naidu Salai, Thiruvallur Taluk, Thiruvallur District - 602 001.

3. The Executive Officer, HR & CE, Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, Putlur, Ramapuram, Thiruvallur Taluk and District - 602023.

4. Tahsildar, Tiruvallur, Tamil Nadu 602 001.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the 1st to 3rd respondents from interfering with the peaceful possession and enjoyment of the House situated in Survey No 13, Putlur Village, Thiruvallur Taluk except by due process of law. For Petitioner : Mr.R.Rajesh Kumar.

For Respondents : Mr.S.Ravichandran, Additional Government Pleader RR1 to 3.

: Mr.R.Murthi, R4 ***

O R D E R

The writ petition is filed for a writ of mandamus, forbearing the respondents 1 to 3 from interfering with the peaceful possession and enjoyment of the house situate in S.No.13 Putlur village, Thiruvallur Taluk except by due process of law.

2. The said petition can never be resisted because, if the petitioner is in settled possession, it is always by following due process of law, the respondents

can interfere.

3. When the matter came up for admission, Mr.S.Ravichandran, Learned Additional Government Pleader taking notice on behalf of the respondents 1 to 3 would submit that already survey has been conducted and it is found that the petitioner is in occupation of the Temple's property and due notice will be issued as per the provisions under Sections 79 of the Tamil Nadu HR and CE Act, 1959. The petitioner will be given due opportunity and all his objections will be heard.

4. Recording the same, the writ petition stands disposed of. There shall be no order as to costs.

20.02.2025 : No.

bsm To,

1. The Commissioner, Hindu Religious & Charitable Endowments Department (HR& CE), Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Assistant Commissioner, HR & CE, Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, C.V.Naidu Salai, Thiruvallur Taluk, Thiruvallur District - 602 001.

3. The Executive Officer, HR & CE, Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, Putlur, Ramapuram, Thiruvallur Taluk and District - 602023.

4. The Tahsildar, Tiruvallur, Tamil Nadu 602 001.

5. The Government Pleader, High Court, Madras.

D.BHARATHA CHAKRAVARTHY , J.

bsm 20.02.2025