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Madras High CourtWP(MD)/13731/2019dismissed

Ravi, S/O.Govindaraj, v. The Joint Commissioner

2022-03-11Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.13731 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.13731 of 2019 and W.M.P.(MD) No.10283 of 2019 Ravi ... Petitioner /vs./ 1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Myladudurai, Nagapattinam District.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Kumbakonam, Thanjavur District.

3.The Assistant Commissioner/the Executive Officer, Sri Arulmigu Naganathaswamy Temple, Thirunageswaram, Kumbakonam Taluk, Thanjavur District.

... 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 pertaining to the order passed by the 1st respondent in his proceedings in C.M.A.No.44/2014 dated 31.05.2019 and quash the same as illegal and arbitrarily and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment of the said property in survey No.195/1 to an extent of 650 Sq ft situated at 116, Sannapuram Village, Thirunageswaram, Kumbakonam Taluk, Thanjavur District.

For Petitioner : Mr.G.Gomathi Sankar For R1 & R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.V.Chandrasekar

ORDER

This writ petition has been filed for a Certiorarified Mandamus to call for the records pertaining to the order passed by the 1st respondent in his proceedings dated 31.05.2019 in C.M.A.No.44 of 2014 and quash the same as illegal and arbitrarily and consequently to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the property in S.No.195/1, measuring an extent of 650 Sq.ft., situated at 116, Sannapuram Village, Thirunageswaram, Kumbakonam Taluk, Thanjavur District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.13731 of 2019 2.The learned counsel for the petitioner submits that the writ petition may be dismissed with liberty to the petitioner to workout the alternate remedy before the appellate authority under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3.Recording the same, this writ petition is dismissed with such liberty. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Myladudurai, Nagapattinam District.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Kumbakonam, Thanjavur District.

+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-11673[F] dated 11/03/2022 ) +1 CC to M/s.SPL GP ( SR-11811[F] dated 14/03/2022 ) W.P.(MD)No.13731 of 2019 11.03.2022 RK(28/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2