R. Vijayalakshmi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A. No. 1468 of 2025 and C.M.P.No.11198 of 2025

1. R. Vijayalakshmi W/o. Rajendran, Veppur Village and Taluk, Cuddalore Dt.

Appellant(s) Vs

1. The Commissioner O/o. Commissioner, Hindu Religious Charitable Endowment Department, Chennai 34.

2.The Joint Commissioner O/o. Joint Commissioner of HR and CE, Cuddalore Dt.

3.The Assistant Commissioner Hindu Religious and Charitable Endowment Department, Cuddalore Dt.

4.The Hereditary Trustee Arulmigu Varadharajaperumal Thirukovil, Veppur Village, Cuddalore Dt.

Respondent(s)

PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order dated 25.03.2025 pronounced in WP No.10111 of 2025 and allow the Writ Appeal.

For Appellant(s):

Mr.P.Muthamizhselvakumar For Respondent(s):

Mr.N.R.R.Arun Natarajan Special Government Pleader - - - - -

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) The present Writ Appeal is filed challenging the order dated 25.03.2025 in W.P.No.10111 of 2025 passed by this Court.

2. By consent of both parties, the appeal is taken up for final disposal at the admission stage itself.

3. The writ petitioner is the appellant before this Court.

4. The Writ Petition was instituted to issue a direction, directing the respondents not to take coercive steps as per the proceedings of the 2 nd respondent dated 10.02.2025 until the disposal of the revision petition, which is filed on 04.03.2025.

5. Aggrieved by the order of the Writ Court dismissing the writ petition, the present appeal has been filed.

6. The learned counsel for the appellant would submit that the learned single Judge has not considered that the specific stand taken by the respondents is not contested in the proceedings conducted by the 2 nd respondent dated 26.06.2024. He would further submit that the learned single Judge without considering the documents/materials, which have been marked by the respondents in the proceedings, passed the order. He would therefore submit that the order passed by the learned single Judge is liable to be set aside.

7. Heard the learned counsel appearing for the appellant and perused the materials on record.

8. The writ Court recorded the submission of the learned Government Advocate (HR & CE) that originally, the writ petitioner's father-in-law was granted tenancy only up to the year 2016. However, he forged one more lease deed as if it was signed by one Shanmuga Gurugal, who was the hereditary trustee of the temple and as if the lease has been granted up to 2028. The said lease deed was sent for examination by the Forensic Science Department, Chennai and by the report dated 10.10.2019, the Forensic authorities have confirmed that the lease deed is forged one and the signature found in the lease deed does not belong to the said Shanmuga Gurugal. Hence, a Criminal Case

was also registered in Crime No.12 of 2018 and since the petitioner's father-inlaw died, further proceedings are not taken.

9. In that background, the Writ Court has rightly dismissed the Writ Petition as the writ petitioner's father-in-law, who was the original tenant only up to the year 2016, forged the lease deed and tried to show his tenancy. We do not find any infirmity or illegality in the said finding of the learned single Judge, warranting interference by this Court.

10. Accordingly, this Writ Appeal is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 05-06-2025 ASI

To 1.The Commissioner O/o. Commissioner, Hindu Religious Charitable Endowment Department, Chennai 34.

2.The Joint Commissioner O/o. Joint Commissioner of HR and CE, Cuddalore Dt.

3.The Assistant Commissioner Hindu Religious and Charitable Endowment Department, Cuddalore Dt.

4.The Hereditary Trustee Arulmigu Varadharajaperumal Thirukovil, Veppur Village, Cuddalore Dt.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.A. No. 1468 of 2025 and C.M.P.No.11198 of 2025 05-06-2025