S.Muthukumar v. Guru Maha Sannidhanam Of Thiruvavaduthurai Adheenam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD).No.1611 of 2020 S.Muthukumar ... Petitioner Vs.

1.Guru Maha Sannidhanam of Thiruvavaduthurai Adheenam, His Holiness Ambalaana Pandara Sannidhi, Thiruvavaduthurai Adheenam, Mayiladuthurai Taluk, Nagapattinam District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy, Trichy District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai, Pudukottai District.

4.The General Manager, Thiruvavaduthurai Adheenam, Mayiladuthurai Taluk, Nagapattinam District.

5.The Superintendent, Thirukailaya Descent Thiruvaduthurai Adheenam, Office of the Aaludai Therku Madam, Thiruperunthurai, Avudaiyarkovil, Pudukottai District-614 618.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forebear the respondents 1 to 5 herein from evicting the petitioner from properties in S.Nos.152/1, 152/3, 152/30, 152/32, 152/33 and 152/20 bearing Shop No.5 situated at Aavasei, Aavudaiyar kovil except by due process of law.

For Petitioner : Mr.S.Manikandan For R1 & R4 : No Appearance 1/3

For R2 & R3 : Mr.P.Subbaraj Special Government Pleader For R5 : Mr.P.Thiyagarajan

ORDER

Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 2 and 3 and the learned counsel for the fifth respondent.

2. This writ petition has been filed for a writ of Mandamus to forbear the respondents 1 to 5 herein from evicting the petitioner from properties in S.Nos.152/1, 152/3, 152/30, 152/32, 152/33 and 152/20 bearing Shop No.5 situated at Aavasei, Aavudaiyar kovil.

3. The learned Special Government Pleader for the respondents 2 and 3 submits that due proceedings have been initiated by issuing notices under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 on 19.03.2022. Therefore, nothing survives for further adjudication in this writ petition.

4. The writ petition stands dismissed in the light of the subsequent development. The petitioner is directed to answer the notice issued under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy, Trichy District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukottai, Pudukottai District.

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3.The Superintendent, Thirukailaya Descent Thiruvaduthurai Adheenam, Office of the Aaludai Therku Madam, Thiruperunthurai, Avudaiyarkovil, Pudukottai District-614 618.

4.The General Manager, Thiruvavaduthurai Adheenam, Mayiladuthurai Taluk, Nagapattinam District.

+1 CC to M/s.P.THIAGARAJAN, Advocate ( SR-22798[F] dated 29/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23026[F] dated 29/04/2022 ) 28.04.2022 RD(13.05.2022) 3P 7C 3/3