Madras High CourtWP(MD)/4053/2018dismissed

N.Radhakrishnan v. The Joint Commissioner

2018-02-27Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No .4053 of 2018 and WMP(MD)No.4214 of 2018 N.Radhakrishnan .. Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Palayamkottai, Tirunelveli.

2.The Joint Commissioner/Executive Officer, Arulmigu Subramaniaswamy Thirukovil, Tiruchendur - 628 215.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Vadiveeswaram, Nagercoil.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed in M.P.No.45 of 2017 dated 05.02.2018 on the file of the first respondent and quash the same and further direct the first respondent to number the application filed on 02.02.2018 by the petitioner to set aside the order dated 14.11.2017 setting him ex parte and dispose of the same. For Petitioner : Mr.M.P.Senthil For R1 & R3 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R2 : Mr.Muthu Geethaiyan

ORDER

This writ petition has been filed challenging the order passed by the first respondent under Section 78 of the HR & CE Act, 1959, directing the petitioner to vacate the premises. 2.Admittedly, against the order passed by the first respondent, a revision is provided under Section 21 of the said Act before the Commissioner. Without availing alternative remedy, the https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot maintain this writ petition. Hence, this writ petition is dismissed. However, it is open to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, WMP(MD)No.4214 of 2018 is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Palayamkottai, Tirunelveli.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Vadiveeswaram, Nagercoil.

+One cc to Mr.M.Muthu geethayan, Advocate, SR.No.51574 +One cc to Mr.M.P.Senthil, Advocate, SR.No.51717 +One cc to The Special Government Pleader, SR.No.52172 mj RL/6C/2P/SKN/RSK/SAR3/7/3/2018 WP (MD) No .4053 of 2018 27.02.2018 https://hcservices.ecourts.gov.in/hcservices/