M.Gurusamy Nadar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.14804 of 2015 M.Gurusamy Nadar ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, The Administration Department, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Deputy Commissioner/Executive Officer, Arulmigu Kal Alagar Tirukovil, Azhagar Kovil, Madurai District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in pursuant to the 2nd respondent's proceedings in Na.Ka.No.7665/2013/E1 dated 13.05.2015 and quash the same.

For Petitioner ..

Mr.J.John For RR - 1, 2 & 4 ..

Mr.R.Velmurugan Government Advocate For R - 3 ..

Mr.S.Manohar

ORDER

The present petition is filed challenging the order dated 13.05.2015 passed by the second respondent, terminating the lease period of the petitioner. But this Court is of the view that, since the petitioner is having an alternative remedy under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowment Act 1959, this Writ Petition is liable to be dismissed.

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2. Accordingly, the present writ petition is dismissed. However, the petitioner is at liberty to file an Appeal before the Authority concerned, under section 21 of the said Act within a period of four weeks from the date of receipt of a copy of this order. The Registry is directed to return the original impugned order after getting endorsement from the learned counsel for the petitioner and taking photocopy of the same. No costs. Connected Miscellaneous petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, The Administration Department, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Deputy Commissioner/Executive Officer, Arulmigu Kal Alagar Tirukovil, Azhagar Kovil, Madurai District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

Copy to:

The Section Officer, English Records Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.J.John, Advocate SR.No.49608 +1cc to Mr.S.Manohar, Advocate SR.No.49862 +1cc to The Special Government Pleader, Madurai. SR.No.49546 W.P.(MD)No.14804 of 2015 27.08.2015 mj NS/AN-MP/11.09.2015 : 2P/9C https://hcservices.ecourts.gov.in/hcservices/