Velmari v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.4712 of 2024 Velmari ... Petitioner versus

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

2. The Block Development Officer, Thiruppuvanam Panchayat Union, Sivagangai District.

3. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

4. A.Pannerselvam

5. V.Udaiyasuriyan

6. G.Ramasamy 1/6

7. V.P.Chokkalingam

8. A.Kasirajan

9. P.Muthuvairavan

10. V.Sekar

11. S.Muthumari ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, forbearing the respondents 1 to 3 from granting any permission to any one, more particularly the respondents 4 to 11 from interfering with the possession and enjoyment of the properties of Kailasa madam situated in Survey No.39/10 in Thirupuvanam Village belonged to Kailasa madam.

For Petitioner : Mr.G.Prabhu Rajadurai for Mr.J.Anandkumar For R1 and R2 : Mr.P.Subba Raj, Special Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R4 and R5 : Mr.R.Senthilkumar For R7, R9 to R11: No appearance 2/6

ORDER

This writ petition is filed for a Mandamus, forbearing the respondents 1 to 3 from granting any permission to the respondents 4 to 11 from interfering with the possession and enjoyment of the properties of Kailasa Madam situated in Survey No.39/10 in Thirupuvanam Village.

2. Today, when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner confined his relief for disposal of the application filed under Section 64(1) of the HR&CE Act.

3. Since the learned counsel appearing for the petitioner has now restricted his relief for disposal of the application filed under Section 64(1) of the Act, which is pending with the first respondent, this Court, without expressing anything on merits of the claim made by the 3/6

respective parties, is inclined to dispose of the writ petition with a direction to the first respondent to dispose of the petitioner's application filed under Section 64(1) of the HR&CE Act.

4. Accordingly, this writ petition is disposed of with a direction to the first respondent/the Joint Commissioner of HR&CE Department, Sivagangai, to dispose of the petitioner's application filed under Section 64(1) of the HR&CE Act, after providing an opportunity of hearing to the private respondents, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner is at liberty to raise other allegations with regard to the misappropriation of funds before the first respondent/the Joint Commissioner of HR&CE Department, Sivagangai. The Joint Commissioner shall consider that issue separately. No costs. Consequently, connected miscellaneous petition is closed.

26.03.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai.

2. The Block Development Officer, Thiruppuvanam Panchayat Union, Sivagangai District.

3. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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B.PUGALENDHI, J.

ogy 26.03.2024 6/6