Madras High CourtWP(MD)/3932/2022disposed of

Dhanasekharan v. The Joint Commissioner

2022-03-03Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).Nos.3932 and 3933 of 2022 and W.M.P.(MD).Nos.3379 and 3380 of 2022 W.P.(MD).No.3932 of 2022 Dhanasekharan ... Petitioner Vs.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Mayiladuthurai, Mayiladuthurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing Respondents from taking any coercive action qua shop in S.No.1248, Kumbakonam, Thanjavur District in the occupation of the Petitioner by locking and sealing or in any other manner dispossessing the Petitioner without following the due process of law as mandated by the Hon'ble Supreme S.Kumar V. Commissioner 2019 5 SCC 244 and the decision of this court in T.R.Dhamodaran Vs. The Joint Commissioner, W.P(MD)No.791 of 2022 dated 27.01.2022. For Petitioner : Mr.M. Mahaboob Athiff For M/S.Ajmal Associates For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.V.Chandrasekar W.P.(MD).No.3933 of 2022 H.Rajagopalan ... Petitioner Vs.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Mayiladuthurai, Mayiladuthurai District.

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...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing Respondents from taking any coercive action qua shop in S.No.1248, Kumbakonam, Thanjavur District in the occupation of the Petitioner by locking and sealing or in any other manner dispossessing the Petitioner without following the due process of law as mandated by the Non'ble Supreme S.Kumar v. Commissioner 2019 5 SCC 244 and the decision of this court in T.R.Dhamodaran Vs. The Joint Commissioner, W.P(MD)No.791 of 2022, dated 27.01.2022. For Petitioner : Mr.M. Mahaboob Athiff For M/S.Ajmal Associates For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.V.

Chandrasekar COMMON ORDER The petitioner has filed these writ petitions for a writ of Mandamus forbearing the respondents from taking coercive action qua shop in S.No.1248, Kumbakonam, Thanjavur District in the occupation of the Petitioner by locking and sealing or in any other manner dispossessing the Petitioner without following the due process of law as mandated by the Hon'ble Supreme S.Kumar v. Commissioner 2019 5 SCC 244 and the decision of this court in T.R.Dhamodaran Vs. The Joint Commissioner, W.P(MD)No.791 of 2022, dated 27.01.2022.

2. These writ petitions are disposed of by directing the authorities concerned to consider and pass appropriate orders on merits and in accordance with law on the representation of the petitioner, dated 14.02.2022, within a period of four weeks from the date of receipt of copy of this order. No costs. It is made clear that any action pending consideration of the representation shall be in accordance with law. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 2/3

To 1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Mayiladuthurai, Mayiladuthurai District.

+1 CC to M/s.SPL GP ( SR-10204[F] dated 04/03/2022 ) +2 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-9964[F] dated 04/03/2022 ) 03.03.2022 SB(CO) TR(18.03.2022) 3P 6C 3/3