M.Varatharajan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP No.14361 of 2023 M.Varatharajan ...
Petitioner -Vs1.The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road Nungambakkam Chennai 600 034.
2.The Joint Commissioner Hindu Religious and Charitable Endowments 127, Yadava Street Gopal Nagar, Padi Chennai-600 050.
3.The Executive Officer Hindu Religious and Charitable Endowment Arulmigu Ekambarareswarar Thirukoil Aminjikarai, Chennai-600 029.
4.Mrs.M.Shanthi ..
Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned notice of the 3rd respondent dated 11.04.2023, quash the same.
For Petitioner Mr.B.Kannan For Respondents Mr.N.Arun Natarajan Special Government Pleader for R1 to R3
O R D E R
This writ petition has been filed challenging the impugned notice issued by the 3rd respondent dated 11.04.2023, directing the petitioner to vacate and hand over the subject property to the Temple, failing which, proceedings will be initiated u/s.78 and 79 of the HR & CE Act (hereinafter referred as 'the Act'). 2.Heard Mr.B.Kannan, learned counsel for the petitioner and Mr.N.Arun Natarajan, learned Special Government Pleader for R1 to R3. 3.The learned counsel for the petitioner submitted that the petitioner has been running the business in the subject property for a long period of time. That apart, the petitioner is also claiming an independent right over the subject property. Therefore, according to the learned counsel for the petitioner, the impugned notice issued by the 3rd respondent suffers from illegality. The learned counsel concluded his arguments by submitting that the notice itself came to be issued when the petitioner sought for no objection certificate in order to deal with the property.
4.In the considered view of this Court, the 3rd respondent has merely informed the petitioner that if the petitioner does not vacate and handover the possession of the property, proceedings will be initiated under the Act for eviction. As and when any such proceedings are initiated, it is always left open to the petitioner to put forth his case along with all the relevant documents and the same will be considered by the concerned authority. The right of the petitioner cannot be decided in this writ petition and the petitioner has to necessarily wait for the appropriate proceedings which are yet to be initiated. The learned counsel for the petitioner submitted that the officers belonging to the department are disturbing the petitioner from carrying on his business.
The 3rd respondent has categorically stated in the notice that if the petitioner does not vacate and handover the premises within 15 days, proceedings will be initiated u/s. 78 and 79 of the Act. Under such circumstances, there is no question of evicting the petitioner till a final order is passed by the Joint Commissioner after initiating eviction proceedings.
5.In the light of the above discussion, this Court does not find any ground to interfere with the impugned notice issued by the 3rd respondent and accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 01.06.2023 KP Internet : Yes/No Index : Yes/No
N.ANAND VENKATESH, J.
KP To 1.The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road Nungambakkam, Chennai 600 034.
2.The Joint Commissioner Hindu Religious and Charitable Endowments 127, Yadava Street Gopal Nagar, Padi Chennai-600 050.
3.The Executive Officer Hindu Religious and Charitable Endowment Arulmigu Ekambarareswarar Thirukoil Aminjikarai, Chennai-600 029.
01.06.2023