← Library
Madras High CourtWP/7270/2017disposed of with direction

Sri Sudarsana Yathiraja Jeeyar v. The Commissioner

2024-09-10Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.7925 and 7926 of 2017 Sri Sudarsana Yathiraja Jeeyar Madathipathy Sri Yathiraja Jeeyar Mutt Sri Pesum Perumal Sannadhi Tiruvannamalai District. ... Petitioner Vs.

1.The Commissioner, No.119, Nungambakkam High Road, Chennai-600 034.

2.The Joint Commissioner, Villupuram.

3.The Assistant Commissioner, Tiruvannamalai.

4.The Sub-Collector, Cheyyar, Tiruvannamalai District.

5.The Thakkar/Executive Officer, A/m.Kuzamandal Pesum Perumal Thirukovil, Tiruvannamalai District.

6.The Inspector of Police, Dusi Police Station, Tiruvannamalai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the fifth respondent dated 23.02.2017 and quash the same and issue consequential direction directing the respondents to open the lock and seal of the premises of Sri Yathiraja Jeeyar Mutt in Kuzamandal Village, Cheyyar Taluk, Tiruvannamalai District.

For Petitioner :

Mr.D.Lakshmipathy For Respondents : Mr.S.Ravichandran Additional Government Pleader (HR & CE) for R1 to R5 Mr.L.Baskaran, Government Advocate (Crl.) for R6

O R D E R

This Writ Petition has been filed challenging the proceedings of the fifth respondent dated 23.02.2017 and for a consequential direction to the respondents to open the lock and seal of the premises of Sri Yathiraja Jeeyar Mutt in Kuzamandal Village, Cheyyar Taluk, Tiruvannamalai District.

2. The learned counsel appearing for the petitioner submits that the petitioner is the Madathipathy of Sri Yethiraja Jeeyar Mutt. While so, the fifth respondent, vide impugned notice dated 23.02.2017, evicted the petitioner and locked the Mutt without issuing any notice or enquiry. The learned counsel further submits that for the very same relief, a suit in O.S.No.27 of 2017 has been filed before the Sub-Court, Cheyyar, by the petitioner against the respondents 2, 3 and 5.

3. Considering the submission made by the learned counsel appearing for the petitioner and the fact that the suit has been filed in O.S.No.27 of 2017 before the Sub-Court, Cheyyar, by the petitioner against

the respondents 2, 3 and 5 for the very same relief, the impugned notice dated 23.02.2017 issued by the fifth respondent shall be subject to the result of the suit in O.S.No.27 of 2017 on the file of the Sub-Court, Cheyyar.

4. Accordingly, this Writ Petition is disposed of with the aforesaid observations. There shall be no order as to costs. Connected miscellaneous petitions are closed.

10.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Commissioner, Hindu Religious and Charitable Endowments Board No.119, Nungambakkam High Road, Chennai-600 034.

2.The Joint Commissioner, Villupuram.

3.The Assistant Commissioner, Tiruvannamalai.

4.The Sub-Collector, Cheyyar, Tiruvannamalai District.

5.The Thakkar/Executive Officer, A/m.Kuzamandal Pesum Perumal Thirukovil, Tiruvannamalai District.

6.The Inspector of Police, Dusi Police Station, Tiruvannamalai District.

M.DHANDAPANI, J.

ssb 10.09.2024