N.Balasubramanian v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.23467 of 2025 and W.M.P.No.26332 of 2025 N.Balasubramanyan S/o.R.Nagarajan ... Petitioner Vs 1.The Commissioner, Officer of the Commissioner, No.119, Uthamar Gandhi, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, 64/2, Neela South Street, Nagapattinam - 611 001.

3.The Assistant Commissioner, No.2, Mayiladuthurai Road, Thiruvarur - 610 001.

4.The Executive Officer, Arulmigu Thiyagaraja Swamy Thirukovil Also Executive Officer of Annathana Kattalai, At Arulmigu Thiyagaraja Swamy Thirukovil, Thiruvarur - 610 001.

5.Velakkurichi Aadhina Thirumadam, Hereditary Trustee of Annathana Kattalai 1/6

attached to Arulmigu Thiyagaraja Swamy Thirukovil - Thiruvarur, Thirupugalur, Nagapattinam - 609 704.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records of the third respondent impugned notice in Na.Ka.No.6233-5/2024/E.1 dated 19.06.2025 and quash the same as illegal.

For Petitioner : Mr.T.R.Sathiyamohan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader *****

O R D E R

This writ petition has been filed challenging the notice issued under Section 79 of the Hindu Religious and Charitable Endowment Act, 1959, wherein the petitioner has been directed to vacate and handover possession of the property on or before 04.07.2025.

2. Heard Mr.T.R.Sathiyamohan, learned Senior Counsel for petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents.

3. The case of the petitioner is that he is in possession and 2/6

enjoyment of the property, which belongs to the Thiyagaraja Swamy Temple. The second respondent initiated proceedings under Section 78(2) of the Hindu Religious and Charitable Endowment Act, 1959 and a eviction notice was issued on 04.12.2024. The same was put to challenge by the petitioner before this Court in W.P.No.3634 of 2025. The writ petition was disposed of by directing the petitioner to raise all the objections before the second respondent. Pursuant to the same, the eviction order was passed on 04.02.2025 by the second respondent.

4. Aggrieved by the order passed by the second respondent, the petitioner filed a revision petition before the first respondent and the same is pending in R.P.No.27 of 2025. While so, the third respondent issued the eviction notice dated 19.06.2025, which has been put to challenge in the present writ petition.

5. It is not in dispute that the petitioner aggrieved by the eviction order passed by the second respondent has already filed a revision before the first respondent and the same is pending in R.P.No.27 of 2025. Hence, if the petitioner is evicted during the pendency of the revision petition, the revision itself will become infructuous. Therefore, the third respondent can lay off their hands till the revision petition is 3/6

disposed of by the Commissioner.

6. In the light of the above discussion, the impugned notice dated 19.06.2025 issued by the third respondent under Section 79 of the Hindu Religious and Charitable Endowment Act, 1959, shall be kept in abeyance and there shall be a direction to the first respondent to deal with the revision petition in R.P.No.27 of 2025 on its own merits and in accordance with law after affording opportunity to the petitioner and final orders shall be passed within a period of eight (8) weeks. Subject to the final order passed by the first respondent, the third respondent can take a decision on the revival of the eviction notice issued under Section 79 of the Hindu Religious and Charitable Endowment Act, 1959. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 30.06.2025 KST To 1.The Commissioner, Officer of the Commissioner, No.119, Uthamar Gandhi, Nungambakkam, Chennai - 600 034.

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2.The Joint Commissioner, 64/2, Neela South Street, Nagapattinam - 611 001.

3.The Assistant Commissioner, No.2, Mayiladuthurai Road, Thiruvarur - 610 001.

4.The Executive Officer, Arulmigu Thiyagaraja Swamy Thirukovil Also Executive Officer of Annathana Kattalai, At Arulmigu Thiyagaraja Swamy Thirukovil, Thiruvarur - 610 001.

5.Velakkurichi Aadhina Thirumadam, Hereditary Trustee of Annathana Kattalai attached to Arulmigu Thiyagaraja Swamy Thirukovil - Thiruvarur, Thirupugalur, Nagapattinam - 609 704.

N.ANAND VENKATESH, J KST 5/6

Writ Petition No.23467 of 2025 30.06.2025 6/6