E.M.Krishnan v. The Commissioner
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH E.M.Krishnan Petitioner(s) Vs
1. The Commissioner Hindu Religious And Charitable Endowments, Nungambakkam, Chennai.
2.The Join Commissioner Hindu Religious And Charitable Endowments, Zonal Office, Salem District.
3.The District Collector Dharmapuri District.
4.The Tashildar Palacode Taluk, Dharmapuri District.
5.The Assistant Commissioner, Hindu Religious And Charitable Endowments, Dharmapuri District.
2/7 6.The Executive Officer, Hindu Religious And Charitable Endowments, Palacode Taluk, Dharmapuri District.
7.The Inspector Hindu Religious And Charitable Endowments, Palacode Taluk, Dharmapuri District.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 5th respondent in his proceeding Na.Ka.No.1155/2025/Aa1 dated 30.05.2025 and the impugned notice issued by the 7th respondent through his proceedings in Na.Ka.No.130/2025, dated 17.06.2025 and quash the same and consequently direct the respondents to record the tenancy of the petitioner under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 and allow the petitioner to carry out agricultural activities in the lands in survey no.485/1, 485/3 and 508 situated at Jertalav Village, Palacode Taluk, Dharmapuri District. For Petitioner(s):
Mr.Krishnasamy Chinnasamy For Respondent(s):
Mr.K.Karthikeyan Government Advocate for R1, R2, R5 to R7 Mr.E.Veda Bagath Singh Special Government Pleader for R3 and R4
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ORDER
This writ petition has been filed challenging the impugned proceedings of the 5th respondent dated 30.05.2025 and the impugned notice issued by the 7th respondent dated 17.06.2025 and for a direction to the respondent to record the tenancy of the petitioner under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 and allow the petitioner to carry out the agricultural activities in the subject property.
2.Heard Mr.Krishnasamy Chinnasamy, learned counsel appearing on behalf of the petitioner, Mr.K.Karthikeyan, learned Government Advocate appearing on behalf of respondents 1, 2, 5 to 7 and Mr.E.Veda Bagath Sing, learned Special Government Pleader appearing on behalf of respondents 3 and 4.
3.It is not necessary for this Court to go into the merits of the case and deal with the claim made by the petitioner to recognise him as a cultivating
4/7 tenancy. The impugned order has been passed by the Assistant Commissioner and as against that order, the petitioner has an efficacious and alternative remedy of filing a revision petition before the Commissioner under Section 21 of the HR & CE Act. It is not as if the order passed by the Assistant Commissioner is in violation of principles of natural justice or that the said authority lacked jurisdiction. The Assistant Commissioner has assigned some reasons and the same can be tested by the petitioner only by exercising his right of revision before the Commissioner. The petitioner cannot directly come before this Court and file a writ petition.
4.In the light of the above discussion, liberty is granted to the petitioner to file a revision petition before the Commissioner of HR & CE, within a period of two weeks from the date of receipt of copy of this order. On filing such revision, it is left open to the petitioner to seek for necessary interim relief before the Commissioner. Till the petitioner files a revision petition within the time frame fixed by this Court, no coercive action shall be taken against the petitioner.
5/7 5.The Registry is directed to return the original order to the counsel for the petitioner to enable the petitioner to file a revision before the Commissioner. 6.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 01-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
6/7 To 1.The Commissioner Hindu Religious And Charitable Endowments, Nungambakkam, Chennai.
2.The Join Commissioner Hindu Religious And Charitable Endowments, Zonal Office, Salem District.
3.The District Collector Dharmapuri District.
4.The Tashildar Palacode Taluk, Dharmapuri District.
5.The Assistant Commissioner, Hindu Religious And Charitable Endowments, Dharmapuri District.
6.The Executive Officer, Hindu Religious And Charitable Endowments, Palacode Taluk, Dharmapuri District.
7.The Inspector Hindu Religious And Charitable Endowments, Palacode Taluk, Dharmapuri District.
7/7 N.ANAND VENKATESH J.
ssr 01-07-2025