H.Zakir Hussain v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY H.ZAKIR HUSSAIN ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM, CHENNAI.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAGAPATTINAM.
3.
THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, THIRUVARUR.
4.
THE EXECUTIVE OFFICER, A/M. RENUKADEVI AMMAN THIRUKOVIL, VIJAYAPURAM, THIRUVARUR.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents and their men, agents or servants from interfering with the peaceful possession of the land and building comprised in T.S.No.978, situated at Ward No.3, Block No.26, 1/5
Vijayapuram, Thiruvarur District, admeasuring 3863 Sq.ft till the pending disposal of the revision petition No.371 of 2024 and stay petition on the file of the first respondent.
For Petitioner : Mr.C.Harish For R1 to R4 : Mr.K.Karthikeyan Government Advocate
ORDER
The writ petition is filed to forbear the respondents and their men, agents or servants from interfering with the peaceful possession of the land and building comprised in T.S.No.978, situated at Ward No.3, Block No.26, Vijayapuram, Thiruvarur District, admeasuring 3863 Sq.ft till the pending disposal of the revision petition No.371 of 2024.
2. The case of the petitioner is that the petitioner is the owner of the property, having purchased the same by way of a registered sale deed. The respondents have initiated summary proceedings and passed an eviction order, against which the petitioner has filed R.P.No 371 of 2024. While so, suddenly the petitioner's possession is sought to be disturbed and therefore, the petitioner is before this Court.
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3. When the matter came up for hearing, the learned Government Advocate taking notice on behalf the respondents would submit that the possession was already taken yesterday and the premises have been locked and sealed.
4. In that view of the matter, let the revision petition filed by the petitioner in R.P. No. 371 of 2024 shall be decided as expeditiously as possible, as the petitioner is claiming ownership of the property. It is stated that the hearing is now posted to 21.04.2025. In view of the possession being taken, the petitioner shall appear before the first respondent on 24.03.2025 and the hearing shall be advanced to 24.03.2025. Thereafter, the hearing shall proceed as expeditiously as possible and the revision shall be disposed of in any event not later than eight weeks from 24.03.2025. Needless to mention that if the petitioner succeeds, the possession shall be handed over to the petitioner.
6. In view thereof, the writ petition stands disposed of. No costs. 13.03.2025 nsl 3/5
To 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM, CHENNAI.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAGAPATTINAM.
3.
THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, THIRUVARUR.
4.
THE EXECUTIVE OFFICER, A/M. RENUKADEVI AMMAN THIRUKOVIL, VIJAYAPURAM, THIRUVARUR.
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D.BHARATHA CHAKRAVARTHY, J.
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