← Library
Madras High CourtWP/31025/2016withdrawn dismissed

Mrs.Malathi Subramaniam v. State Of Tamilnadu, Rep. By

2016-09-07Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 07.09.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition Nos.31025 to 31034 of 2016 & WMP.Nos.26890 to 26899 of 2016 Mrs.Malathi Subramaniam .. Petitioner in WP.31025/16 Mrs.Kumari .. Petitioner in WP.31026/16 Mrs.Janaki Krishnamurthy .. Petitioner in WP.31027/16 Smt.Geetha Sriram .. Petitioner in WP.31028/16 G.N.Balakrishnan .. Petitioner in WP.31029/16 A.R.Natarajan .. Petitioner in WP.31030/16 Mrs.N.Kamalam .. Petitioner in WP.31031/16 Mrs.S.Rajeswari .. Petitioner in WP.31032/16 K.G.Krishnaraj .. Petitioner in WP.31033/16 S.Krishnamurthy .. Petitioner in WP.31034/16 Vs

1. State of Tamil Nadu, rep. by its Secretary, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

3. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

4. The Asst. Commissioner, Arulmigu Kabaliswar Tirukovil, Mylapore, Chennai - 600 004.

.. Respondents WP.No.31025/16: Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in Se.Mu.Na.Ka. 14912/2013/A2 dated 22.07.2016 and quash the same and to direct the third respondent to restore possession of the petitioner's property situated at Old No.19/2, New No.47/2, Luz Church Road, Mylapore, Chennai - 600 004, to the WP.No.31026/16: It is furtherprayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified Mandamus, calling for the

record of the 3rd respondent in Se.Mu.Na.Ka.14918/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.26 New No.61 Luz Church Road Mylapore Chennai 600 004 to the petitioner.

WP.No.31027/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14919/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.31 New No.71 Luz Church Road Mylapore Chennai 600 004 to the petitioner. WP.No.31028/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14920/2013/A2 dated 22.7.

2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.22 New No.53 Luz Church Road Mylapore Chennai 600 004 to the WP.No.31029/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14922/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.27 New No.63 Luz Church Road Mylapore Chennai 600 004 to the WP.No.

31030/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14930/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.29 New No.67 Luz Church Road Mylapore Chennai 600 004 to the WP.No.31031/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14931/2013/A2 dated 22.7.

2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.28 New No.65 Luz Church Road Mylapore Chennai 600 004 to the WP.No.

to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14933/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.25 New No.59 Luz Church Road Mylapore Chennai 600 004 to the WP.No.31033/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14936/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.20 New No.49 Luz Church Road Mylapore Chennai 600 004 to the WP.No.

31034/16: For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction or order in the nature of Writ of Certiorarified mandamus, calling for the record of the 3rd respondent in Se.Mu.Na.Ka.14939/2013/A2 dated 22.7.2016 and quash the same and to direct the 3rd respondent to restore possession of the petitioners property situated at Old No.23 New No.55 Luz Church Road Mylapore Chennai 600 004 to the For Petitioner : Mr.M.Balachandar For Respondents : Mr.M.Maharaja Spl.

O R D E R

These writ petitions have been filed to call for the records of the 3rd respondent dated 22.07.2016 and quash the same and to direct the third respondent to restore possession of the petitioners' property to them.

2. Today, when the matter was taken up, the learned counsel for the respondents submitted that as against the impugned order of the third respondent, the petitioners have to file appeal within 90 days from the date of the Order.

3. In view of the submissions of the learned counsel for the respondents, these Writ Petitions are dismissed with liberty to the petitioners to file an appeal before the appropriate authority, namely, the Commissioner, Hindu Religious and Charitable Endowment Department. As the Order of the third respondent is dated 22.07.2016, the petitioners are permitted to file the appeal within 15 days from the date of receipt of a copy of this Order and when such appeals are filed, the Commissioner Hindu Religious and Charitable Endowment Department, shall take up the appeals and dispose of the same on merits and in accordance with law. No costs.

Consequently, the connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To

1. The Secretary, Hindu Religious and Charitable Endowment Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

3. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

4. The Asst. Commissioner, Arulmigu Kabaliswar Tirukovil, Mylapore, Chennai - 600 004.

+2 cc's to Mr.M.Balachandar, Advocate,sr.30573 +1 cc to Government Pleader,sr.50847.

ssk(co) krd 21/9 WP Nos.31025 to 31034 of 2016