D.Sureshbabu v. Joint Commissioner

THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and WMP.No.30693 of 2023 D.Sureshbabu

...Petitioner

Vs.

1.The Joint Commissioner, The Hindu Religious and Charitable Endowments Department, Coimbatore - 18.

2.M/s.Gowmara Madalayam, Rep. By Sri Kumaraguruvara Swamigal, 70, Gowmara Madalayam, Chinnavedampatti, Coimbatore - 29.

3.P.Rathinam 4.The Sub-Registrar, Gandhipuram - 641 035.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, directing the 1st respondent to remove the encroachment put up in S.F.No.7/3, Saravanampatti Village, 1/4

Coimbatore measuring an extent of 9.54 acres belonging to the 2nd respondent Trust as contemplated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1956. For Petitioner : Mr.S.Mukunth, Senior Advocate for M/s.Sarvabhauman Associates For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 Mr.A.Selvendran Special Government Pleader for R4

O R D E R

(Order of the Court was made by V.LAKSHMINARAYANAN, J. ) The Writ Petitioner seeks a Writ of Mandamus, directing the 1st respondent / Joint Commissioner, Hindu Religious & Charitable Endowments Department, Coimbatore to initiate action as against the 3rd respondent, who they claim has encroached upon the property belonging to the 2nd respondent Mutt.

2.From the typed set of papers, we notice that the petitioner has not made any representation to the 1st respondent. Liberty is granted to the petitioner to make a representation to the jurisdictional Assisstant 2/4

Commissioner, who shall, if he finds that the property is susceptable under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1956 shall initiate appropriate proceedings. It is made clear that the aspect of jurisdiction is not gone into by us. It is for the Assistant Commissioner/ Joint Commissioner, who decide on the said issue. 3.With the above liberty, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (D.B.C.,J.) (V.L.N., J.) 26.10.2023 mkn/kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking Nuetral Citation :Yes/No 3/4

D.BHARATHA CHAKRAVARTHY, J.

and V.LAKSHMINARAYANAN, J.

MKN/KKN To:- 1.The Joint Commissioner, The Hindu Religious and Charitable Endowments Department, Coimbatore - 18.

2.The Sub-Registrar, Gandhipuram - 641 035.

and WMP.No.30693 of 2023 26.10.2023 4/4