Madras High CourtWP(MD)/2996/2025disposed of

Lakshmi v. The Commissioner

2025-01-31Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.2090 of 2025 1.Lakshmi 2.Sathya 3.Sumathi 4.Vennila 5.Sinthamani 6.Balagururaja 7.R.Gobinathan 8.Kuppulakshmi 9.P.Annammal 10.Lakshmi 11.Krishnan 12.A.Gunasekaran .. Petitioners Vs.

1.The Commissioner, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Tiruppur.

3.The Assistant Commissioner, Karur.

4.The Executive Officer, Sri Balasubramanian Temple, Kathapparai Village, Vennaimalai Post, Karur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from taking any further action in connection with order passed in Miscellaneous Petition Nos.287/2021, 420/2024, 341/2021, 347/2024, 332/2024, 253/2021, 345/2021, 190/2024, 405/2024, 209/2024, 448/2024 and 288/2021 by the 2nd respondent in accordance with law. For Petitioners :

Mr.D.S.Haroon Rasheed For R1 to R3 :

Mr.P.Subbaraj Special Government Pleader For R4 :

Mr.P.Athimoolapandian

ORDER

In a similar facts of case, this Court had passed an order in a batch of writ petitions in W.P.(MD) No.25821 of 2024 etc., batch, dated 22.01.2025, permitting the petitioners therein, who have suffered an order under Section 78(4) of the Tamil Nadu Hindu Religious and

Charitable Endowments Act, 1959 where the time had lapsed for them to file a suit on or before 24.02.2025.

2. In the present case, the order under Section 78 of the said Act had been passed by the second respondent on 16.09.2024. Hence, as statutorily, in the present case, the petitioners have got a right to file a suit till 15.03.2025. In such view of the matter, the petitioners have right to approach the competent civil Court by filing statutory suit under Section 79(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and also can seek any interim relief as per the said Act. Till the statutory time limit expires, the respondents shall not take any coercive steps against the petitioners.

3. With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

31.01.2025 NCC : Yes/No Index : Yes/No abr

To 1.The Commissioner, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Tiruppur.

3.The Assistant Commissioner, Karur.

K.KUMARESH BABU, J.

abr Dated: 31.01.2025