V.Manjula @ Manuja Reddy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Writ Petition No.14597 of 2023 and W.PM.P.Nos.14077 and 14079 of 2023 V.Manjula @ Manjula Reddy ....

Petitioner -Vs1. The Commissioner, & Charitable Endowments Department, Chennai.

2. The Joint Commissioner, Chennai Region - II, Chennai - 600 004.

3. The Assistant Commissioner, Chennai - 600 095.

4. The Executive Officer, Arulmigu Ekambareswarar Temple, Aminjikarai, Chennai - 600 029.

.... Respondents 1 / 4

Prayer :Writ Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings in M.P.No.33/2019/a3/06.03.2023 and quash the same and direct the 1st respondent to regularize the petitioner as a tenant under the 4th respondent temple in respect to the property comprised in Survey No.70/5, bearing Door No.9 & 9/10, Perumal Koil Street, Aminjikarai, Chennai, to a total extent of 5730 Sq.Ft. of land.

For Petitioner : Mr.S.Sathish Rajan For Respondents : Mr.Yashwanth, Government Advocate for HR&CE

O R D E R

This writ petition has been filed to quash the order passed by the 2nd respondent in his proceedings in M.P.No.33/2019/a3/06.03.2023 and for a consequential direction to the 1st respondent to regularize the petitioner as a tenant under the 4th respondent temple in respect to the property comprised in Survey No.70/5, bearing Door No.9 & 9/10, Perumal Koil Street, Aminjikarai, Chennai, to a total extent of 5730 Sq.Ft. of land.

2. When the matter is taken up for hearing, learned Government Advocate would submit that against the order passed by the 2nd respondent, the petitioner 2 / 4

has got remedy before the respondent department viz., Tamil Nadu Hindu Religious & Charitable Endowments Department, by way of Revision. Without exhausting the remedy the petitioner has straight away approached this Court by way of filing Writ Petition.

3. Recording the same, this Writ Petition stands disposed of granting liberty to the petitioner to approach the first respondent viz., the Commissioner, Tamil Nadu Hindu Religious & Charitable Endowments Department, Chennai, to file revision. No costs. Consequently, connected miscellaneous petitions are closed.

05.05.2023 Index : Yes/No Speaking order / Non speaking order vum To

1. The Commissioner, & Charitable Endowments Department, Chennai.

2. The Joint Commissioner, Chennai Region - II, Chennai - 600 004.

3 / 4

A.D.JAGADISH CHANDIRA, J.

vum

3. The Assistant Commissioner, Chennai - 600 095.

4. The Executive Officer, Arulmigu Ekambareswarar Temple, Aminjikarai, Chennai - 600 029.

W.P.No.14597 of 2023 and W.PM.P.Nos.14077 and 14079 of 2023 05.05.2023 4 / 4