Lakshmi v. The Joint Commissioner/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.410 of 2020 Lakshmi .. Petitioner Vs.

1.The Joint Commissioner/Executive Officer, Arulmigu Aranganathaswamy Temple, Srirengam, Trichy District.

2.Geethesan 3.C.Pandian .. Respondents [R2 & R3 - impleaded vide Court order dated 02.04.2024 in W.M.P.(MD) Nos.1224 and 4882 of 2020 in W.P.(MD) No.544 of 2020] Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned notice issued by the respondent vide his proceedings in

Na.Ka.No.1795/1429/C3(2) dated 23.11.2019 and quash the same as illegal.

For Petitioner :

Mr.C.K.M.Appaji For R1 :

Mr.M.Saravanan For R3 :

Mr.M.Ashok Kumar

ORDER

Learned counsel appearing for the first respondent would submit that the notice impugned in this writ petition is only an intimation that Section 78 proceedings under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as "the Act") will be initiated against him treating him as an encroacher. He would further make a statement that such Section 78 proceedings will be initiated by by the competent Joint Commissioner as envisaged in the Act and he had also submitted that no eviction would be made pursuant to the notice impugned herein.

2. Recording the said undertaking, this Writ Petition is disposed of subject to the result of proceedings initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

K.KUMARESH BABU, J.

abr Dated: 11.12.2024