Madras High CourtWP/13845/2024disposed of

D.Mohanalakshmi v. The Joint Commissioner

2024-05-22Honourable Mr Justice G.R.Swaminathan4 pages

In the High Court of Judicature at Madras Dated : 22.5.2024 Coram :

The Honourable Mr.Justice G.R.SWAMINATHAN Writ Petition No.13845 of 2024 & WMP.No.15003 of 2024 1.D.Mohanalakshmi 2.S.Devarajulu

...Petitioners

Vs 1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Chennai Zone-2, 127, Yadava Street, Gopal Nagar, Padi, Chennai-50.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, 127, Yadava Street, Gopal Nagar, Padi, Chennai-50.

3.The Executive Officer, Arulmighu Ekambareswarar Temple, Aminjikarai, Chennai-29.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the order dated 24.4.2024 passed in M.P.No.15 of 2022 on the file of the first respondent herein and to quash the same. For Petitioners :

Mr.S.Subbiah, SC for M/s.Elizabeth Ravi For Respondents :

Mr.N.R.R.Arun Natarajan, SGP 1/4

ORDER

Heard the learned Senior Counsel appearing on behalf of the petitioners and the learned Special Government Pleader accepting notice for the respondents.

2. This is a petition filed by the petitioners seeking to quash the the order passed by the first respondent dated 24.4.2024 in M.P.No.15 of 2022.

3. The first respondent passed the impugned order under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 against the petitioners. This order is revisable under Section 21 of the said Act.

4. Therefore, this Court, without going into the merits of this case, permits the petitioners to file a revision before the expiry of the limitation period. If the petitioners file such a revision within the limitation period, the impugned order shall not be implemented by the first respondent till the disposal of the revision petition. 2/4

5. The writ petition is disposed of accordingly. No costs. Consequently, the connected WMP is closed.

22.5.2024 To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Chennai Zone-2, 127, Yadava Street, Gopal Nagar, Padi, Chennai-50.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, 127, Yadava Street, Gopal Nagar, Padi, Chennai-50.

3.The Executive Officer, Arulmighu Ekambareswarar Temple, Aminjikarai, Chennai-29.

rs/kpl 3/4

G.R.SWAMINATHAN,J rs/kpl WP.No.13845 of 2024& WMP.No.15003 of 2024 22.5.2024 4/4