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Madras High CourtWP(MD)/18985/2018disposed of

S.Muthurajan v. The Commissioner

2018-08-31Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18985 of 2018 and W.M.P.(MD)No.16819 of 2018 S.Muthurajan ... Petitioner vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

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

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

4. The Joint Commissioner/Executive Officer, Arulmighu Meenakshi Sundareswarar Thirukoil, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus to call for the records relating to the impugned order of the third respondent issued in Na.Ka.No.2757/2017-4/AA1, dated 14.08.2018 and quash the same and forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment of the property in respect of the lands situate in S.No.124/11, Chintatmani Village, Madurai South Taluk, Madurai District measuring an extent of 0.26 cents pending adjudication of revision petition filed against the order of the second respondent in miscellaneous petition 123/2017 dated 23.05.2018 by the first respondent.

For Petitioner : Mr.AK.Gopalan For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

The learned Special Government Pleader appearing for the respondents would submit that he would instruct the authority concerned to keep the impugned order dated 14.08.2018 pending for a https://hcservices.ecourts.gov.in/hcservices/

period of four weeks.

2. This undertaking is given in view of the fact that the petitioner has already approached the Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowment Department in his revision petition filed as against the order passed by the Joint Commissioner, dated 18.07.2018 and according to the learned Counsel appearing for the petitioner, the revision petition has not been numbered and the same was filed within a time stipulated in the Act.

3. Therefore, the first respondent is directed to take a final decision in the revision petition filed by the petitioner and pass appropriate order within a period of three weeks from the date of receipt of a copy of this order.

4. With these directions, the writ petition stands disposed of at the admission stage itself. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

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

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

4. The Joint Commissioner/Executive Officer, Arulmighu Meenakshi Sundareswarar Thirukoil, Madurai.

+ 2 CC TO Mr.R.KARUNANIDHI, ADVOCATE IN SR No. 81672 SSL TE/RSK/SAR-2 : 20/09/2018 : 2P/7C W.P.(MD) No.18985 of 2018 31.08.2018 https://hcservices.ecourts.gov.in/hcservices/