Raghu v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 12985 of 2025 RAGHU ... Petitioner Vs 1.

THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, TIRUVALLUVAR TALUK, THIRUVALLUVAR DISTRICT.

2.

ARULMIGU PRASANNA VENKATESA PERUMAL THIRUKOVIL, SATHYAMOORTHI STREET, TIRUVALLUVAR TALUK, TIRUVALLUVAR DISTRICT, REP. BY ITS SECRETARY M.BALAJI ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the second respondent pertaining to their order dated 31.01.2025 and quash the same. For Petitioner : Mr.Deepanuday For R1 : Mr.K.Karthikeyan Government Advocate 1/4

ORDER

This writ petition is filed with a prayer to challenge the impugned order dated 31.01.2025.

2. Upon hearing the learned counsel appearing for the petitioner and Mr.K.Karthikeyan, the learned Government Advocate appearing on behalf of the first respondent and perusing the affidavit filed in support of the writ petition and the material records of the case, the grievance of the petitioner is that he is the lessee of one of the shops belonging to the temple. However, suddenly he is asked to vacate. According to the petitioner, no grounds exist to ask him to vacate.

3. Per contra, it is the contention of the learned Government Advocate appearing on behalf of the first respondent that the petitioner has subleased the property and therefore rendered himself liable to be vacated.

4. I have considered the rival submissions made on either side and perused the material records of the case.

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5. It can be seen that the impugned order is nothing but a communication issued by the Temple asking the petitioner to vacate. If the petitioner considers that he can continue and that no grounds exist, he can issue a reply thereof. In any event, the temple will request the authorities and the authorities will take further proceedings under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959, and the petitioner will be entitled to submit his explanation as and when the proceedings are taken.

6. Recording the fact that the proceedings will be taken as per the due process of law, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

02.04.2025 1/2 nsl To THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, TIRUVALLUVAR TALUK, THIRUVALLUVAR DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

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