M.Sushil Kumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21136 of 2023and W.M.P.Nos.20527, 20529 of 2023 1.M.Sushil Kumar 2.M.Vimal Kumar 3.M.Ashok Kumar 4.M.Ladu Bai
...Petitioners
Vs.
1.The Commissioner The Hindu Religious and Charitable endowment Nungambakkam, Chennai.
2.The Executive Officer Arulmighu Maragathambal Sametha Mallikeswarar Tirukoil, Linghi Chetty Street, Chennai 600 001.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified mandamus calling for the records in R.C.No.79122/2021 dated 29.12.2022 issued by the 1st respondent and quash the same and consequently to direct the 1st respondent to effect a name transfer to the names of the petitioners while reasonably determining the rental arrears. For Petitioner : Mrs.V.Mahathi Chari For Respondents : Mr.K.Karthikeyan 1/4
Government Advocate (HR &CE)
O R D E R
When the writ petition is taken up for hearing, a preliminary objection was raised by the learned Government Advocate appearing for the respondents that against the order passed by the Commissioner, HR & CE Department under Section 34A(3) of the Tamil Nadu HR & CE Act, 1959, a revision will lie before this Court under Section 34A(5) of HR & CE Act. Since the alternative remedy is available to the petitioner by way of revision before this Court, the writ petition is dismissed with liberty to the petitioner to file revision petition under Section 34A(5) of the Tamil Nadu HR & CE Act, 1959.
2. Registry is directed to return the original impugned order to the writ petitioner.
19.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 2/4
To 1.The Commissioner The Hindu Religious and Charitable endowment Nungambakkam, Chennai.
2.The Executive Officer Arulmighu Maragathambal Sametha Mallikeswarar Tirukoil, Linghi Chetty Street, Chennai 600 001.
3/4
S.SOUNTHAR , J.
nr W.P No.21136 of 2023 19.07.2023 4/4