Maheswari v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.Nos.16118 & 16120 of 2025 Maheswari ... Petitioner Vs.

1.The Commissioner Tamil Nadu Hindu Religious & Charitable Endowments Department Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.

2.The Joint Commissioner HR & CE Department Villupuram.

3.The Assistant Commissioner HR & CE Department Kallakurichi.

4.The Executive Officer A/m. Drowpathi Amman Thiru Koil Chinna Salem, Chinna Salem Taluk Kallakurichi District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records relating to the notice dated Nil exhibited by the fourth respondent in his proceedings and quash the same. For Petitioner : Mr.W.M.Abdul Majeed For Respondents : Mr.S.Ravichandran Additional Government Pleader

ORDER

This Writ Petition is filed for a Writ of Certiorari, seeking to quash and notice that is exhibited in the subject matter premises. As per the said notice, the Writ Petitioner and the other encroachers were ordered to leave the premises on or before 23.04.2025 failing which it was mentioned that the removal of encroachment will be carried out. It is the case of the petitioner that as against the eviction order that was passed under Section 78 of the Hindu Religious and Charitable Endowments Act, the petitioner has already filed RP.No.193 of 2023 and the same is pending on the file of the first respondent. Even stay application was filed and no orders have been passed.

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2. In view thereof, since the review petition is said to be pending for the past three years, let the same be disposed of at an early date and any eviction proceedings can be carried out depending on the orders that is passed in the revision. This Writ Petition is ordered on the following terms: (i) The first respondent shall dispose of the revision petition that is filed by the petitioner within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. The hearing of the revision petition is said to be posted on 30.06.2025, even the hearing can be advanced and the petitioner can be can cooperate for the same. The respondents shall not evict the petitioner, until final orders are passed in the revision and depending on the further orders that are passed eviction, the action can be taken by the authorities.

(ii) No costs. Consequently, connected Miscellaneous Petitions are closed.

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To 1.The Commissioner Tamil Nadu Hindu Religious & Charitable Endowments Department Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.

2.The Joint Commissioner HR & CE Department Villupuram.

3.The Assistant Commissioner HR & CE Department Kallakurichi.

4.The Executive Officer A/m. Drowpathi Amman Thiru Koil Chinna Salem, Chinna Salem Taluk Kallakurichi District.

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D.BHARATHA CHAKRAVARTHY , J.

dna and WMP.Nos.16118 & 16120 of 2025 22.04.2025 5/5