Madras High CourtWP(MD)/2830/2018disposed of

R.Vellaisamy, S/O.Ramaiah v. The Commissioner,

2018-02-13Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2830 of 2018 and W.M.P(MD)Nos.2987 and 2988 of 2018 R.Vellaisamy ...

Petitioner Vs.

1.The Commissioner, Office of the Commissioner, Department of Hindu Religious and Charitable Endowment, Chennai 34.

2.The Joint Commissioner, Office of the Joint Commissioner, Department of Hindu Religious and Charitable Endowment, Sivagangai, Sivagangai District.

3.The Executive Officer, Arulmighu Chokkanathasamy Temple, Aruppukottai Town and Taluk, Virudhunagar District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the third respondent dated 29.01.2018 and quash the same. For Petitioner : Mr.V.Perumal For Respondents 1&2 : Mr.J.Padmavathidevi, Special Government Pleader.

For 3rd Respondent : Mr.P.Mahendran Standing Counsel

ORDER

This writ petition has been filed challenging the order dated 27.06.2017 passed by the Joint Commissioner, under Section 80 of the Hindu Religious and Charitable Endowments Act, 1959. https://hcservices.ecourts.gov.in/hcservices/ 2.Admittedly, there is an appeal remedy available before the Commissioner, HR & CE as against the order of the Joint

Commissioner. The petitioner without exhausting such remedy cannot maintain the present writ petition. Accordingly, the writ petition is dismissed.

3.At this juncture, learned counsel appearing for the petitioner submitted that the petitioner has already sent appeal to the first respondent by means of a registered post on 24.07.2017. 4.In the above circumstances, it is open to the petitioner to pursue the appeal and get suitable orders from the Commissioner, HR & CE. No costs. Consequently, W.M.P(MD)Nos.2987 and 2988 of 2018 are closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Office of the Commissioner, Department of Hindu Religious and Charitable Endowment, Chennai 34.

2.The Joint Commissioner, Office of the Joint Commissioner, Department of Hindu Religious and Charitable Endowment, Sivagangai, Sivagangai District.

+1cc to M/S.P.MAHENDRAN, Advocate SR.No.48461. +1cc to M/S.V.PERUMAL, Advocate SR.No.48202. +1cc to Special Government Pleader in SR.No.48625. Writ Petition (MD) No.2830 of 2018 and W.M.P(MD)Nos.2987 and 2988 of 2018 13.02.2018 sms SDS/JC/SAR 4/26.02.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/