Janaki v. The Joint Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.DHANABAL and CMP(MD)No.6791 of 2023 Janaki ... Appellant -vs1. The Joint Commissioner, O/o.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai Zone, Sivagangai District.

2. The Joint Commissioner/Executive Officer, O/o. The Joint Commissioner/Executive Office, Hindu Religious and Charitable Endowment Department, Arulmighu Ramanathaswamy Temple, Rameshwaram, Ramanathapuram District.

3. The Tahsildar, Rameshwaram Taluk, Ramanathapuram District.

... Respondents PRAYER: Appeal filed under Clause 15 of Letters patent, against the order dated 21.12.2022 passed in W.P(MD)No.17434 of 2021 on the file of this Court.

For Appellant : Mr.D.Balamurugapandi For R1 & R3 : Mr.N.Satheesh Kumar Additional Government Pleader For R2 : Mr.S.Ramesh

JUDGMENT

[Judgment of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.D.Balamurugapandi, learned counsel appearing for the appellant, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents 1 and 3 and Mr.S.Ramesh, learned counsel appearing for the 2nd respondent. 2.

The appellant/writ petitioner had filed writ petition challenging the notice issued by the 2nd respondent. The writ petition was dismissed. Aggrieved thereby, the present appeal is filed. 3.

Learned Advocate for the appellant submits that the property in question is not owned by the 2nd respondent Temple as such, the 2nd respondent does not have jurisdiction to initiate proceedings under Section 78 of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

4.

Learned counsel appearing for the 2nd respondent submits that the 2nd respondent Temple is the owner of the property and the petitioner is an encroacher.

5.

The learned Single Judge has observed that the proceedings under Section 78 of The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, has to be initiated and in the said proceedings, the appellant/writ petitioner will have right to raise all objections including the objection of title as contended by her before this Court which the authority would be required to consider it on its own merits.

6.

In view of the above, the Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [P.D.B., J.] 28.02.2024 Index :

Yes / No :

Yes / No bala

To:

1. The Joint Commissioner, O/o.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai Zone, Sivagangai District.

2. The Joint Commissioner/Executive Officer, O/o. The Joint Commissioner/Executive Office, Hindu Religious and Charitable Endowment Department, Arulmighu Ramanathaswamy Temple, Rameshwaram, Ramanathapuram District.

3. The Tahsildar, Rameshwaram Taluk, Ramanathapuram District.

THE HONOURABLE CHIEF JUSTICE and P.DHANABAL , J.

bala 28.02.2024