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Madras High CourtWP/38063/2016dismissed

D.Thirunavukarasu v. The Commissioner

2024-08-30Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2024

CORAM

THE HON'BLE MR.JUSTICE M. DHANDAPANI Writ Petition No.38063 of 2016 and W.M.P.Nos.11037, 11038 of 2018 and W.M.P.Nos.21842 & 21843 of 2021 D. Thirunavukkarasu ..

Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Trust, Fort St. George, Chennai-600 009.

2. The Joint Commissioner Hindu Religious and Charitable Endowments Trust (HR & CE), Dr. Balasundaram Road, Coimbatore-641 018.

Coimbatore District.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Trust (HR & CE).

Veeraragava Perumal Kovil Campus, Tiruppur, Tiruppur District.

4. The Executive Officer, Arulmigu Sree Avinashi Lingaeswarar Temple, Avinashi-641 654, Tiruppur District.

5. The District Collector, Collectorate Building, Tiruppur 641 604, Tiruppur District.

6. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

7. The Deputy Superintendent of Police, Avinashi, Tiruppur District.

8. The Tahsildar, Avinashi, Tiruppur District.

9. P. Boopathi Raj

10. N.Palanisamy ...Respondents R10 is impleaded vide order dated 09.11.2016 in WMP.No.33591 of 2016 by BRJ.

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records relating to the impugned proceeding issued by the 6th respondent Revenue Divisional Officer in Na.Ka. No.1424/16/A1 dated 25.10.2016 and quash the same.

For the Petitioner Mr. P.Godson Swaminath For the Respondents Mr. K.Karthikeyan Government Advocate for R1 to R3 Mr.Hema Sampath Senior Advocate, for M/s.R.Meena for R4

For the Petitioner Mr. P.Godson Swaminath Mr.U.Baranidharan, Additional Government Pleader for R5 to R8

ORDER

Assailing the proceedings dated 25.10.2016 issued by the sixth respondent (Revenue Divisional Officer) directing the eighth respondent (Tahsildar) to lock and seal the two Kalyana Mandapams namely Karunambiga and Avinasiappar Mandapams, till the disposal of the Appeal suit before the Civil Court and the application before the Joint Commissioner, Hindu Religios and Charitable Endowments Trust (HR & CE), Coimbatore, present Writ Petition has been filed.

2. The main ground of challenge to the proceedings dated 25.10.2016 is that when the matter is sub judice before the Civil Court, the sixth respondent has no authority to issue a lock and seal notice.

3. Much water has flown since the filing of this Writ Petition. It is not in dispute that the petitioner herein and the fourth respondent (Executive Officer, Arulmigu Sree Avinashi Lingaeswarar Temple) are both parties to the Civil Court proceedings.

4. When the matter is taken up for hearing today, a copy of the judgment passed by this Court in S.A.No.310 of 2017 dated 21.12.2023, has been produced.

5. A perusal of the said judgment dated 21.12.2023 makes it clear that the issue involved was relating to declaration of title and mandatory injunction, which was claimed by the petitioner herein. It is also not in dispute that the said claim made by the petitioner herein was rejected by the Trial Court and affirmed by the Appellate Court and ultimately, the said view found favour with the High Court in the Second Appeal and the fourth respondent was held to be the title holder of the said property.

6. When such conclusive findings, based on evidence, have been given by the Civil Courts, which was ultimately upheld by the High Court, this Court exercising jurisdiction under Article 226 of the Constitution of India cannot appreciate the evidence with regard to the question of title. The parties are bound by the Civil Court decree and this Court is not inclined to express any opinion on the same and delve deep into the factual aspects of the matter.

7. At this stage, it has been pointed out that the sixth respondent ( namely the Revenue Divisional Officer, Tiruppur) has already handed over the key to the fourth respondent (Temple).

8. Once the title is declared in favour of the fourth respondent (Temple), the claim of the petitioner seeking possession is unsustainable.

9. For the foregoing reasons, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

30.08.2024 Index : Yes/No : Yes/No jai To

1. The Commissioner, Hindu Religious and Charitable Endowments Trust, Fort St. George, Chennai-600 009.

2. The Joint Commissioner Hindu Religious and Charitable Endowments Trust (HR & CE), Dr. Balasundaram Road, Coimbatore-641 018.

Coimbatore District.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Trust (HR & CE).

Veeraragava Perumal Kovil Campus, Tiruppur, Tiruppur District.

4. The Executive Officer, Arulmigu Sree Avinashi Lingaeswarar Temple, Avinashi-641 654, Tiruppur District.

5. The District Collector, Collectorate Building, Tiruppur 641 604.

Tiruppur District.

6. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

7. The Deputy Superintendent of Police, Avinashi, Tiruppur District.

8. The Tahsildar, Avinashi, Tiruppur District.

M.DHANDAPANI, J.

jai Writ Petition No.38063 of 2016 30.08.2024