M.Periyasamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)No.1810 of 2025 1.M.Periyasamy 2.J.Sudha

...Petitioners

Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.

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

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur Circle, Karur.

4.The Executive Officer, Sri Balasubramaniya Temple, Kathaparai Village, Vennamalai Post, Karur Taluk and District.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, forbearing the respondents from taking any action to disposes the petitioners from their property in Survey No.236 and 236/2 at Kathaparai Village, Vennamalai, Karur Taluk, Karur District, without following the due process of law. For Petitioner : Mr.D.Selvanayagam For R-1 to R-3 : Mr.P.Subbaraj Special Government Pleader For R-4 : Mr.P.Athimoolapandian

O R D E R

Heard Mr.D.Selvanayagam, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 to 3 and Mr.P.Athimoolapandian, learned counsel for the 4th respondent.

2. This Writ Petition is filed praying for a Mandamus, forbearing the respondents from taking any action to disposes the petitioners from their property in Survey No.236 and 236/2 at Kathaparai Village, Vennamalai, Karur Taluk, Karur District, without following the due process of law.

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3. The learned counsel for the fourth respondent had made a statement that without following due process of law as provided under Section 78 of HR and CE Act, the petitioners will not be dispossessed of the subject property.

4. Recording the said statement, no adjudication is required to be made in the Writ Petition. Accordingly, the Writ Petition stands closed. It is made clear that the writ petitioners shall only be dispossessed in the manner known to law and not otherwise. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 29.01.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.

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

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur Circle, Karur.

4.The Executive Officer, Sri Balasubramaniya Temple, Kathaparai Village, Vennamalai Post, Karur Taluk and District.

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K.KUMARESH BABU , J.

Nsr 29.01.2025 5/5