Madras High CourtWA(MD)/1446/2015dismissed

R.V.S. Veeramani@V.Mani v. The Commissioner, H.R. And C.E

2017-09-21Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A(MD) No.1446 of 2015 and M.P.(MD)No.1 of 2015 R.V.S.Veeramani @ V.Mani ... Appellant/petitioner -Vs.- 1.The Commissioner, H.R. And C.E. (Admn.) Department, Chennai-600 034.

2.The Joint Commissioner, H.R. and C.E.(Admn.) Department, Tiruchirappalli.

3.R.Varadarajan ... Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patents Act, to set aside the order dated 30.09.2015 passed in W.P.(MD) No.15107 of 2014 on the file of this Court and thereby allow this appeal.

Prayer in WP(MD). 15107/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st respondent in A.P.No.31 of 2013 D2, dated 18.8.2014, quash the same.

For Appellant :

Mr.J.Anandhavalli For R1 & R2 :

Mr.V.R.Shanmuganathan Special Government Pleader For R3 : Mr.G.Prabhu Rajadurai for B.Arun https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was delivered by M.M.SUNDRESH, J.] This Writ Appeal is filed under Clause 15 of Letters Patents Act, to set aside the order dated 30.09.2015 passed in W.P.(MD) No.15107 of 2014 on the file of this Court.

2. We do not find any error in the order of the learned single judge. The learned single judge has rightly directed the appellant to exhaust the remedy under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (T.N.Act 22 of 1959), if the appellant is not satisfied with the said order.

3. In such view of the matter, this Writ Appeal is dismissed with liberty to the appellant to exhaust the remedy under Section 114 of the Tamil Nadu Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (T.N.Act 22 of 1959). As and when the same is received, the Government shall pass appropriate orders within a period of eight weeks thereafter, after issuing notice to the parties concerned. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner, H.R. And C.E. (Admn.) Department, Chennai-600 034.

2.The Joint Commissioner, H.R. and C.E.(Admn.) Department, Tiruchirappalli.

+One cc to Mr.B.Arun, Advocate, SR.No.80221 +One cc to M/s.J.Anandavalli, Advocate, SR.No.80253 sm/pjl RL/5C/2P/KK/SAR1/2/11/2017 W.A(MD) No.1446 of 2015 ( 1⁄2) https://hcservices.ecourts.gov.in/hcservices/ 21.09.2017