← Library
Madras High CourtWP/18471/2025disposed of

Mr.R.M.Saravanan v. The Commissioner

2025-05-16Honourable Mr Justice V. Lakshminarayanan6 pages

2025:MHC:1180

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN AND WMP NO. 20701 OF 2025,WMP NO. 20703 OF 2025,WMP NO. 20708 OF Mr.R.M.Saravanan Petitioner(s) Vs 1.The Commissioner Hindu Religious And Charitable Endowment Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034 2.The Joint Commissioner Hindu Religious And Charitable Endowment Department, Riverside Street, Cuddalore 607001 3.The Assistant Commissioner Hindu Religious And Charitable Endowment Department, Cuddalore 607001 4.The Executive Officer, A/m. Rajagopalasami Thirukkoil, Pudupalayam, Cuddalore 607001

Respondent(s) PRAYER call for the records relating to the impugned order passed by the 2nd Respondent in Se.Mu.Na.Ka.9977/2023/A dated 20.12.2024 and Quash the same as illegal and consequentially direct the respondent not to take any further coercive action until the disposal of the revision petition in R.P.No.117 of 2025 pending before the 1st Respondent and pass For Petitioner(s):

Mr.G.Anto Prince For Respondent(s):

Mr.K.Karthikeyan GA (HR&CE)

ORDER

This writ petition is filed challenging the order of the 2 nd respondent in Se.Mu.Na.Ka.9977/2023/A, dated 20.12.2024, and to direct the respondents not to take any coercive action till the disposal of the revision petition in R.P.No.117 of 2025 pending before the 1 st respondent.

2. The petitioner has suffered an order under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Aggrieved by the same, he has preferred a revision before the 1 st respondent in R.P.No.117 of

2025. In the meantime, as there was no order of stay granted by the revisional authority, the impugned order came to be passed.

3. The petitioner states that he is running a medical shop in the premises. When the matter came up for admission, Mr.K.Karthikeyan, learned Government Advocate appearing for the respondents, states that the arrears as on today is Rs.43,46,300/-. He also pointed out that the premises has been sealed as no order of stay has been granted by the 1 st respondent.

4. I have carefully heard the submissions of learned counsel on either side and gone through the records.

5. If possession is taken pending the revision, the very purpose for moving the 1 st respondent is also rendered infructuous. At the same time, the interest of the religious institution has to be balanced. In the light of the above, I pass the following directions :

(1)The petitioner shall deposit a sum of Rs.21,50,000/- (Rupees Twenty

One Lakhs and Fifty Thousand only) within a period of four weeks from today.

(2)On such deposit, the premises shall be de-sealed by the respondents. Thereafter, the 1 st respondent shall dispose of the revision within a period of four months.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 16-05-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mkn/jeni

To 1.The Commissioner Hindu Religious And Charitable Endowment Department,119,Uthamar Gandhi Road,Nungambakkam,Chennai 600 034 2.The Joint Commissioner Hindu Religious And Charitable Endowment Department, Riverside Street, Cuddalore 607001 3.The Assistant Commissioner Hindu Religious And Charitable Endowment Department, Cuddalore 607001 4.The Executive Officer, A/m.Rajagopalasami Thirukkoil, Pudupalayam, Cuddalore 607001

V.LAKSHMINARAYAN AN J.

mkn/jeni 16-05-2025