Senthil Kumar. S v. The Joint Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)No.540 of 2021 S.Senthil Kumar ... Petitioner Vs.
1.The Joint Commissioner of Hindu Religious and Charitable Endowment Department, Combined Building, 1st Floor, Neelagreeshwarar Thoppu, Teppakulam Street, Thiruvanaikaval, Tiruchirappalli- 05.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District, Pudukkottai.
3.The Executive Officer, Arulmigu Aandal Amman Thirukovil, Arisi Kadai Street, Pudukkottai Town, Pudukkottai District.
4.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorari, calling for the records pertaining to the impugned order of Eviction passed by the 1st respondent vide his proceedings in MP.No.116/2020, dated 7.11.2020 and consequential impugned order of the 2nd respondent in Na.Ka.No.1295/2020/A2 dated 30.12.2020 and quash the same as illegal.
For Petitioner : Mr.J.Lawrance For Respondent : Mr.K.P.Narayanakumar, Special Government Pleader for R1 & R2 Mr.Madhavan for R3 1/3
ORDER
Heard the learned counsel on either side.
2.The petitioner is aggrieved by the impugned order dated 07.11.2020 whereby it is proposed to evict the petitioner herein. It appears that the rent payable by the petitioner was enhanced to Rs.15,000/- I am of the view that the adverse orders passed against the petitioner can very well be challenged by way of revision before the Commissioner, Hindu Religious and Charitable Endowments Department. The petitioner states that he will file appropriate revision petition before the Commissioner within a period of four weeks from the date of receipt of a copy of this order. If such revision petition is filed within the aforesaid period, the same will be entertained without reference to limitation. The orders impugned in this writ petition will not be given effect for a period of eight weeks from the date of receipt of a copy of this order. It is for the petitioner to press for an interim order before the Commissioner, HR&CE before the expiry of the aforesaid period.
3.The writ petition is disposed of.
No costs.
Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) skm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Joint Commissioner of Hindu Religious and Charitable Endowment Department, Combined Building, 1st Floor, Neelagreeshwarar Thoppu, Teppakulam Street, Thiruvanaikaval, Tiruchirappalli- 05.
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2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai District, Pudukkottai.
3.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
+1 CC to Mr.J.LAWRANCE, Advocate ( SR-892[F] dated 18/01/2021 ) and WMP(MD)No.540 of 2021 11.01.2021 KM (05.02.2021) 3P 5C 3/3