J. Lalitha v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.17793 of 2015 and MP(MD)1 OF 2015 J.Lalitha ... Petitioner Vs.

1.The Joint Commissioner, Tamilnadu Hindu Religious & Charitable Myladurai.

2.Sri.Sanath Kumelswar Temple, S.Pudur, rep.by Uppiliappan Temple Sri Venkatachalapathy Temple,by its Assistant Commissioner cum Executive Officer, Kumbakonam, Thanjavur District.

3.The Assistant Commissioner, Tamilnadu Hindu Religious & Charitable Endowments, Kumbakonam, Thanjavur District.

...

Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 1st respondent in his order of Miscellaneous Petition No.5 of 2009 dated 24.08.2015 and quash the same and consequently direct the respondents not to interfere with the petitioners possession and enjoyment with regard to land in No.68, S.Pudur Village, New Survey No.214/28 and Old Survey No.214-27A1 situated at Kumbakonam Taluk, Thanjavur District.

For Petitioner : Mr.G.Gomathi Sankar For Respondents :Mr.V.R.Shanmuganathan Special Government Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed to quash the order passed by the first respondent in Miscellaneous Petition No.5 of 2009 dated 24.08.2015 and consequently direct the respondents not to interfere with the petitioner's possession and enjoyment with regard to land in New Survey No.214/28 and Old Survey No.214-27A1 situated at Kumbakonam Taluk, Thanjavur District.

2.Admittedly, there is an alternative remedy available under the provisions of HR & CE Act, 1959. Even otherwise, Mr.V.R.Shanmuganathan, learned Special Government Pleader states that a Civil Suit filed by the present petitioner is pending in O.S.No.549 of https://hcservices.ecourts.gov.in/hcservices/

2013 before the Principal District Munsif Court, Kumbakonam and no interim order was passed.

3.The subject matter of civil suit cannot be adjudicated before this Court and the same can be put forth before the civil forum. Hence, this writ petition is dismissed. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) /TURE COPY/ Sub Assistant Registrar mj To 1.The Joint Commissioner, Tamilnadu Hindu Religious & Charitable Administration Department, Myladurai.

2. Assistant Commissioner cum Executive Officer, Sri.Sanath Kumelswar Temple, S.Pudur,and Uppiliappan Temple Sri Venkatachalapathy Temple, Kumbakonam, Thanjavur District.

3.The Assistant Commissioner, Tamilnadu Hindu Religious & Charitable Endowments, Kumbakonam, Thanjavur District.

+1 cc to MR.G.GOMATHISANKAR, ADVOCATE, SR NO: 58601 +1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 58879 JAM /03/11/2015/ARK/2P-6C Writ Petition (MD) No.17793 of 2015 05.10.2015 https://hcservices.ecourts.gov.in/hcservices/