Madras High CourtWP(MD)/5714/2020disposed of

R. Saravana Pandian v. The Commissioner

2023-06-26Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.4985 of 2020 and 1458 of 2022 R.Saravana Pandian ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments (Admin) Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admin) Department, Madurai-625 001.

3.R.Lakshmi 4.Ponnupandian 5.P.Jai Veera Pandi 6.R.Rajesh Pandi 7.Rishi Pandi 8.N.Karthik 9.K.Ramesh

10.V.K.Pandian Poosari 11.P.M.Chellapandi 12.P.M.Jegadish Pandian 13.R.Rebello 14.P.M.Pandiyarajan 15.N.Pandiyarajan 16.A.Senthil Kumar 17.R.A.Radha 18.N.Valli 19.N.Sumathi 20.P.Maruthupandi 21.P.Karthick @ Karthikeyan 22.Macharani 23.P.Seethalakshmi 24.Ponnan Poosari 25.Pandiammal (R3 to R25 are impleaded vide Court order dated 11.04.2022 made in W.M.P(MD) No.7524 of 2020) ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the records of the first respondent in A.P.No.81 of 2018 dated 22.02.2020 and consequential order passed by the second respondent in Na.Ka.No. 3538/2020/Aa1, dated 11.03.2020 and quash the same.

For Petitioner : Mr.J.Anandhavalli For R1 & R2 : Mr.P.Subbaraj Special Government Pleader

ORDER

This writ petition is filed for issuance of writ of certiorari calling for the records of the first respondent in A.P.No.81 of 2018, dated 22.02.2020 and consequential order passed by the second respondent in Na.Ka.No.3538/2020/Aa1, dated 11.03.2020 and quash the same.

2. Heard the learned counsel appearing on either and perused the records.

3. In the light of the fact that already suit has been filed by the other trustees in O.S.No.207 of 2022 on the file of the Sub Court, Melur, this Writ Petition is disposed of by giving liberty to the petitioner herein to file a suit challenging the impugned order. It is needless to state that the period that has been taken for contesting this writ petition will be waived, when calculating the period of limitation.

4. This Court had already granted an interim order in the above writ petition. The same shall be continued till the filing of the suit. The suit shall be filed within a period of three weeks from the date of receipt of a copy of this order. If it is not filed, the interim order granted by this Court shall stand vacated automatically. No costs. Consequently, connected miscellaneous petitions are closed. 26.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To 1.The Commissioner, Hindu Religious and Charitable Endowments (Admin) Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments (Admin) Department, Madurai-625 001.

P.T.ASHA, J.

cp Dated: 26.06.2023