Madras High CourtWP/5764/2018dismissed

Maharajan v. The State Of Tamilnadu

2018-03-14Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.5764 of 2018 and WMP.No.7110 of 2018 Maharajan S/o.Vellaichamy .. Petitioner Vs.

The State of Tamil Nadu Represented by Secretary to Government Hindu Religious and Charitable Endowment For St.George, Chennai-600 009.

The Commissioner Hindu Religious and Charitable Endowment Endowment Board Nungambakkam Chennai-600 034.

The Joint Commissioner Hindu Religious and Charitable Endowment 4.

The Assistant Commissioner Hindu Religious and Charitable Endowment 5.

Thakkar / Executive Officer 6.

The Fit Person A/m. Malaiyandikaruppasamy Thirukovil, Valayankulam C/o. A/m.Dhandayutapani Thirukovil Netaji Road, Madurai.

Mr.Illayaraja in his personnel capacity Hindu Religious & Charitable 8.

Mrs.Sakkarai Ammal (Thakkar) (In her Personnel Capacity) .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the suo moto order dated 20.12.2017 passed by the 3rd respondent in the proceedings in Miscellaneous Petition No.63 of 2017, quash the same as null and void consequential forbear the respondents 2 to 6 from act as de-jury officials till decided by the 1st respondent in revision. For Petitioner : Mr.R.Udayakumar For Respondents : Mr.M.Maharaja 1 to 6 Special Government Pleader

O R D E R

This writ petition is filed against the order passed by the third respondent dated 20.12.2017 under Sections 78 & 79 of the Hindu Religious and Charitable Endowment Act, evicting the petitioner from the subject matter property, by treating the petitioner as an encroacher.

2. Perusal of the impugned order would show that the same was passed, after issuing notice to the petitioner dated 29.08.2016 and finding that the petitioner has not filed any objections.

3. The learned counsel for the petitioner, however, submitted that the petitioner has filed the objections and the same has not been considered.

4. This Court, is not inclined to entertain all these disputed questions of fact in this writ petition, more particularly, when the petitioner is having an effective remedy, by filing an appeal before the Commissioner, Hindu Religious and Charitable Endowment Department and further appeal before the Government, if, he is aggrieved against the order passed by the Commissioner as well. Without exhausting such remedy, the petitioner has straight away filed the present writ petition, which, in my considered view, is not maintainable. Accordingly,

without expressing any view on the merits of the claim made by the petitioner, this writ petition is dismissed as not maintainable, however, by granting liberty to the petitioner to work out his remedy before appropriate Appellate Authority. No costs. Consequently, connected miscellaneous petition is closed. mk Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To 1.

The Secretary to Government The State of Tamil Nadu Hindu Religious and Charitable Endowment For St.George, Chennai-600 009.