Saminathan v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.25497 of 2023 Saminathan ... Petitioner vs.

1.The Asst. Commissioner Hindu Religious & Cultural Endowments Department Dharmapuri 2.The Thakkar/Inspector, Arulmighu Perumal Thirukoil, Hindu Religious & Cultural Endowments Department Thirumalvadi, Palacode 636 808, Dharmapuri District 3.The Tahsildar (Authority under TN Agricultural Lands Record of Tenancy Act), Palacode, Dharmapuri District 636 808 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Auction Notice (hand-bill) bearing No. Nil dated 21.08.2023 on the file of the 2nd respondent, quash the same in so far as the sale relates to lands in S.No.190/3 Thirumalvadi Village, Palacode Taluk, Dharmapuri District, measuring 1.57.5 Hectares (3.89 Acres) and to direct the respondents 1 to 2, to allow the petitioner herein to continue the lease granted vide the Permanent Lease Agreement dated 30.07.1996 (between 1/4

the family members of the Petitioner and the erstwhile Trustee of the Arulmighu Perumal Thirukoil) and in pursuant to pending suit in O.S.No.41 of 2019 (on the file of the Learned District Munsif, Palacode) and in pursuant to the pending Record of Tenancy proceedings initiated vide the Petition dated 01.11.2022 on the file of the 3rd respondent, under the Tamilnadu Agricultural Lands Record of Tenancy Act. For Petitioner : Mr.R.Selvakumar For R1 and R2 : Mr.K.Karthikeyan Government Advocate (HR and CE) For R3 : Mrs.S.Anitha Special Government Pleader

O R D E R

When the writ petition is taken up for hearing, the learned Government Advocate (HR and CE) appearing for the respondents 1 and 2, on instructions, submits that in pursuance of the impugned auction notice, the auction was conducted on 07.09.2023 and petitioner herein came out successful bidder. The bid of the petitioner is pending confirmation with the Commissioner of Hindu Religious and Charitable Endowments Department. The said statement of the learned Government Advocate for the respondents 1 and 2 is recorded.

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2. Accordingly, the writ petition is closed. It is needless to say that the Commissioner of Hindu Religious and Charitable Endowments Department shall take decision regarding the confirmation of bid in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

20.09.2023 Index : Yes/No Speaking order:Yes/No dm To 1.The Asst. Commissioner Hindu Religious & Cultural Endowments Department Dharmapuri 2.The Thakkar/Inspector, Arulmighu Perumal Thirukoil, Hindu Religious & Cultural Endowments Department Thirumalvadi, Palacode 636 808, Dharmapuri District 3.The Tahsildar (Authority under TN Agricultural Lands Record of Tenancy Act), Palacode, Dharmapuri District 636 808 3/4

S.SOUNTHAR, J.

dm 20.09.2023 4/4