M.A.Hasan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.26766 of 2015 and M.P.No.1 of 2015 1.M.A.Hasan 2.Mohammed Mahdoom ... Petitioners -Vs1.The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Thanjavur.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Nagapattinam.

4.Arulmigu Bava Oushatheeswarar Swamy Thirukoil, rep by its Executive Officer, Thiruthuraipoondi, Thiruvarur District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus calling for the records of the 2nd respondent passed in his proceedings in Se.Mu.Na.Ka.No. 1874/2013/E2 dt.14.03.2015 (signed by the 2nd respondent on 30.03.2015) and quash the same and directing the respondents to follow the various procedures contemplated in the HR&CE Act while fixing the fair rent in respect of the properties of the petitioners.

For Petitioner : Mr.S.Sathiamurthi For Respondents : Mr.K.V.Dhanapalan Additional Government Pleader

O R D E R

Challenging the order passed under Section 78 of the Hindu Religious and Charitable Endowments Act, the present Writ Petition has been filed.

2.A perusal of the order impugned would show that the petitioner was heard before passing the same. It was also concluded https://hcservices.ecourts.gov.in/hcservices/

and passed pursuant to the order of this Court. Under Section 21, power is available to the Commissioner to call for records and pass orders against any order passed by the Joint Commissioner, viz., the respondent no.2. Thus, the petitioner can exhaust the remedy under Section 21 of the Act, especially when it is the case of that nature, instead of invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 3.The Writ Petition is disposed of giving liberty to the petitioner to exhaust the remedy under Section 21 of the Act, subject to the condition that the petitioner pays 25% of the amount, which is liable to be paid as per the impugned order, within a period of four weeks from the date of receipt of a copy of this order. Till then, status quo as on today shall be maintained. 4.

It is brought to the notice of this Court that payment of 25% was already ordered by this Court in the earlier proceedings, which the petitioners have not complied with. It is made clear that if the petitioner fails to comply with the order passed in this Writ Petition, the order impugned would come into force. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar va To 1.The Commissioner, Hindu Religious and Charitable Endowments, Nungambakkam High Road, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments,Thanjavur. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Nagapattinam. 4.The Executive Officer, Arulmigu Bava Oushatheeswarar Swamy Thirukoil, Thiruthuraipoondi, Thiruvarur District.

1 cc to Mr.S.Sathiamurthi , Advocate Sr.No.45909 W.P.No.26766 of 2015 and M.P.No.1 of 2015 arii(co) pmk.28.8.2015 https://hcservices.ecourts.gov.in/hcservices/