Mr.S.Gopinath v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.29727 & 37284 of 2017, 32910 of 2018 and 20677 of 2020 S.Gopinath ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Vellore - 9.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Kanchipuram.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the first respondent in Se.Mu.Na.Ka.No.6509/2017/E1 dated 12.10.2017 and quash the same.

For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE) 1/4

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari calling for the records relating to the first respondent in Se.Mu.Na.Ka.No.6509/2017/E1 dated 12.10.2017 and quash the same.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the property in S.No.521 part, Plot No.23, New Survey No.589/23 to an extent of 2322 sq.ft. situated at Sirukalathur Village, Sriperumathur Taluk, Kanchipuram District, Kundrathur Sub Registration Office, South Chennai Registration District and she registered registered power deed dated 22.03.2006 in favour of the petitioner's mother and the petitioner's mother executed sale deed dated 27.06.2007 in favour of the petitioner. Whileso, the first respondent issued the impugned order ordering eviction as if the petitioner encroached the property. The learned counsel further submitted that the petitioner has no grievance to remove the encroachment in S.No.504.

3.The impugned order has been issued to remove the 2/4

encroachment in S.No.504. The first respondent is the owner in respect of S.No.504 and the petitioner himself admitted that he is not the owner of the property in S.No.504. Hence, the relief sought for in this writ petition cannot be granted.

4.In view of the above, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 02.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Vellore - 9.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Kanchipuram.

3/4

M.DHANDAPANI,J.

pri And W.M.P.Nos.29727 & 37284 of 2017, 32910 of 2018 and 20677 of 2020 02.09.2025 4/4