Manimegalai v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.1331 and 1334 of 2024 Manimegalai ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruchirapalli.

2.The Executive Officer, Arulmigu Venugopalasamy Temple, Thuraiyur Town and Taluk, Tiruchirapalli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings in MP No.126 of 2023/B4 dated 15.09.2023 on the file 1st respondent, and quash the same as arbitrary and illegal and consequently direct the respondents to follow the procedures contemplated under Section 78 of the Hindu Religious 1/4

and Charitable Endowment Act within the time frame stipulated by this Court.

For Petitioner : Mr.S.Venkatesh For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1.

Mr.G.Mathavan for R2.

ORDER

Heard both sides.

2.What is under challenge is a mere notice issued under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act. When we posed a question to the learned counsel for the petitioner as to why this writ petition was filed, he replied that without adhering to due process of law, coercive action was sought to be taken and that is why, the writ petition was filed.

3.We make it clear that the petitioner has to given due opportunity in the enquiry to be conducted by the first respondent. The first 2/4

respondent shall adhere to due process of law. We make it clear that we have not gone into the merits of the matter. All the contentions of the petitioner are left open.

4.With this observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 23.01.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruchirapalli.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 23.01.2024 (2/5) 4/4