S.Vanaja v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and W.M.P.No.9226 & 9227 of 2023 S.Vanaja W/o.Suresh No.77, Perumal Koil Street Villupuram Town.

... Petitioner Vs.

1.The Joint Commissioner HR & CE Administration Department Villupuram 2.The Assistant Commissioner HR & CE Administration Department Villupuram 3.The Executive Officer Arulmigu Vaikundavasa Perumal Temple Villupuram 4.R.Saraswathi W/o.Ramakrishnan 14/11, Rajeshwari Nagar 11th Cross Street Pondicherry 605 013.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st 1/6

Respondent in his proceedings in br.K.e.f.vz .2026/2019/M2/ehs ¦ ¦ 21.01.2023 and quash the same and thereby direct the Respondents 1 to 3 to remove the seal put up over the lock in the property at door No.77, in Town S.No.57, Block No.30, Perumal Koil Street, Villupuram. For Petitioner : Mr.N.Suresh For Respondents : Mr.N.R.R.Arun Natarajan, (for R1 to R3) Special Government Pleader

O R D E R

This Writ Petition has been filed to call for the records of the 1st Respondent in his proceedings in br.K.e.f.vz .2026/2019/M2/ehs ¦ ¦ 21.01.2023 and quash the same and thereby direct the Respondents 1 to 3 to remove the seal put up over the lock in the property at door No.77, in Town S.No.57, Block No.30, Perumal Koil Street, Villupuram. 2.The Petitioner has come forward with this Petition to de-seal the petition property and he is also challenging the impugned order passed by the Joint Commissioner under Section 78(1)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, treating the Petitioner as encroacher and ordered for sealing of the petition property and for recovery of possession. 2/6

2.Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, takes notice for Respondents 1 to 3. In view of the order, which is proposed to be passed, notice to the 4th Respondent is dispensed with. 3.Heard the learned counsel for the Petitioner and the learned Special Government Pleader.

4.As per the submissions made by the learned Special Government Pleader, the Petition property is at door No.77, in Town S.No.57, Block No.30, Perumal Koil Street, Villupuram. Originally, the husband of the 4th Respondent viz., Ramakrishnan is a lessee. Thereafter, the Petitioner's father viz., Vadivel was residing in the property. After the death of her father, during the year 2006, the Petitioner is living with her family in the petition property, by vending flowers in the stall put up at the outside of the property. 5.Based upon the oral instructions, the learned Special Government Pleader would submit that the petition property is in dilapidated condition and 3/6

is not fit for human habituation. However, the HR & CE Department intended to construct an office for the Executive Officer and public convenience for the use of general public in the petition property. 6.On perusal of the impugned order, I find that it is an order passed by the 1st Respondent under Section 78(1)(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act and under the statute, there is a revision before the Commissioner under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act. Hence, I find that there is effective alternative remedy, which is a statutory Appeal being provided, I am not inclined to entertain this Writ Petition.

7.However, the learned counsel for the Petitioner would submit that the Petitioner is a widow and is said to have been running a flower shop before the Temple and hence the Petitioner is directed to prefer an Appeal as per law and the authority concerned is required to number the same and consider the request of the Petitioner on merits, for de-sealing within a period of one week from the date of receipt of a copy of this order. Learned counsel for the Petitioner would 4/6

further submit that the Petitioner is willing to remit the arrears of rent, which amounts to a sum of Rs.2,22,690/- as of March 2023, to show her bonafides. 8.Learned counsel for the Petitioner would further submit that for filing the Appeal, before the Commissioner as stated supra, he has to produce the original impugned order passed by the Joint Commissioner. Hence, to enable the Petitioner to prefer the Appeal, Registry is directed to return the original impugned order, after retaining the clear photocopy of the impugned order. 9.In fine, this Writ Petition is disposed of to the extent indicted above. No costs. Consequently, connected Miscellaneous Petition is closed. 24.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order Note: Issue order copy on 27.03.2023 sai 5/6

RMT.TEEKAA RAMAN.J, sai To 1.The Joint Commissioner HR & CE Administration Department Villupuram 2.The Assistant Commissioner HR & CE Administration Department Villupuram 3.The Executive Officer Arulmigu Vaikundavasa Perumal Temple Villupuram and W.M.P.No.9226 & 9227 of 2023 Dated: 24.03.2023 6/6