Sri Sabhareesan Siddhashramam Trust v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.1696, 1697 and 1699 of 2025 Sri Sabhareesan Siddhashramam Trust, rep by its Founder and Managing Trustee, Bramhashri Dr.Karuvai Pon.Panduranga Swami ... Petitioner /vs./ 1.The Commissioner, 119, Nungambakkam High Road, Chennai 600 034.

2.The Joint Commissioner, Tiruppur Division, Cotton Market, Palladam Road, Tiruppur.

3.The District Revenue Officer, Karur District, Karur.

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4.The Executive Officer, Arulmigu Balasubramaniya Samy Temple, Vennaimalai, Karur Taluk and District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in his proceedings in R.P.No. 493 of 2024 dated 19.12.2024 and consequently lock and seal order in respect of property in S.F.Nos. 241/1 and 242 dated Nil passed by the 4th respondent and quash the same as illegal and ultra-vires and consequently direct the 4th respondent to de-seal the shop premises in respect of the property in S.F.Nos. 241/1 and 242 situated at Sri Sabhareesan Siddhashramam Trust, Kathapparai Village, Manmangalam Taluk, Karur District.

For Petitioner : Mr.K.Hemakarthikeyan For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 : Mr.P.Athimoola Pandian

ORDER

The writ petition has been filed challenging the order passed by the first respondent in R.P.No.493 of 2024 dated 19.12.2024 and for the consequential direction to the fourth respondent to de-seal the shop premises in respect of the 2/6

property in S.F.Nos.241/1 and 242 situated at Sri Sabhareesan Siddhashramam Trust, Kathapparai Village, Manmangalam Taluk, Karur District.

2. Heard Mr.K.Hemakarthikeyan, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 to 3 and Mr.P.Athimoola Pandian, learned counsel for the fourth respondent.

3. This Court, vide order dated 22.01.2025, had disposed of the similar writ petitions in W.P.(MD) Nos.25821 of 2024 and batch., with the following directions:- "7. In view of the same, all the Writ Petitions stand disposed of with liberty to the petitioners therein to approach the appropriate civil Court by exhausting the remedy available under Section 79(2) of the Act on or before 24.02.2025. It is made clear that the respondents shall not initiate any action against the petitioners till 10.03.2025. It is open for the petitioners to seek interim relief in their respective suits. It is further made clear that the competent civil Court shall not be bound by any of the observations made in this order. The 3/6

respondents are at liberty to proceed further against the petitioners if they have not approached the concerned civil Court on or before 24.02.2025."

4. Since the issue is covered, the benefit extended by this Court vide its earlier order dated 22.01.2025 in W.P.(MD) Nos.25821 of 2024 and batch., (cited supra) may be extended to the petitioner herein.

5. In fine, this Writ Petition is disposed of on the above terms. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 28.01.2025 Internet : Yes / No mm To 1.The Commissioner, 119, Nungambakkam High Road, Chennai 600 034.

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2.The Joint Commissioner, Tiruppur Division, Cotton Market, Palladam Road, Tiruppur.

3.The District Revenue Officer, Karur District, Karur.

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K.KUMARESH BABU, J.

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