D. Shanthy Rajan v. The Commissioner Of Hindu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.2 of 2013 D.Shanthy Rajan ... Petitioner vs.

1.The Commissioner of Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Road, Chennai - 34.

2.The Joint Commissioner/Executive Officer, Arulmigu Aranganatha Swamy Temple, Hindu Religious and Charitable Endowments Department, Srirangam, Trichy - 620 006.

3.The Commissioner, Trichirappalli Municipal Corporation, Trichirappalli.

4.K.J.Bharathi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records in 1/5

pursuant to the impugned order issued by the third respondent in Na.Ka.No.F1/2013 dated 16.08.2013 and quash the same. For Petitioner : Mr.M.Saravanakumar For Respondent No.1 : Mr.J.Ashok Additional Government Pleader For Respondent No.2 : Mr.M.Saravanan For Respondent No.3 : Mr.K.R.Kishore Ram for M/s.R.B.Associates

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Prayer in the Writ Petition is to quash the impugned order passed by the third respondent, dated 16.08.2013. 2.When the matter was taken up for hearing today, the learned counsel appearing for the third respondent would submit that challenging the very same impugned order, dated 16.08.2013 passed by the third respondent, the fourth respondent/owner of the property in question has filed a Writ Petition in W.P(MD)No.15546 of 2013 and the same was dismissed on 12.02.2024 and the present Writ Petition has been filed by the petitioner as a tenant.

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3.Considering the submission made by the learned counsel appearing for the third respondent, we are of the view that in the light of the order passed by this Court in W.P(MD)No.15546 of 2013, dated 12.02.2024, the merits of the case cannot be decided in this Writ Petition. Further, the Writ Petition has been filed by the petitioner as a tenant and the same cannot be entertained.

4.Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 28.02.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The Commissioner of Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Road, Chennai - 34.

2.The Joint Commissioner/Executive Officer, Arulmigu Aranganatha Swamy Temple, Hindu Religious and Charitable Endowments Department, Srirangam, Trichy - 620 006.

3.The Commissioner, Trichirappalli Municipal Corporation, Trichirappalli.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 28.02.2024 5/5