N.R. Kumarasubramanian v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.10246 of 2025 N.R.Kumarasubramanian ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruppur, Tiruppur District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur.

4.The Executive Officer, Arulmigu Kalyana Pasupatheeswara Swamy Thirukoil, Karur Town.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the 4th respondent's notice dated 15.04.2025 and received by the petitioner on 30.04.2025, quash the same as illegal, arbitrary and unenforceable. 1/5

For Petitioner :

Mr.K.Vijayaraghavan For R-1 to R-3 :

Mrs.P.B.Ahamed Yasmin Parveen Government Advocate For R-4 :

Mr.P.Aathimoolapandian

O R D E R

Heard Mr.K.Vijayaraghavan, learned counsel for the petitioner, Mrs.P.B.Ahamed Yasmin Parveen, learned Government Advocate for the respondents 1 to 3 and Mr.P.Aathimoolapandian, learned counsel for the 4th respondent.

2. The petitioner challenges the notice issued by the 4th respondent dated 15.04.2025.

3. The petitioner's grievance is that Section 78 proceedings were initiated against him, and challenging these proceedings, the petitioner filed a revision petition in R.P. No. 309 of 2024 before the 1st respondent, along with an application for interim stay to protect his physical possession. However, the stay application remains pending and has not been taken up by the 1st respondent. Meanwhile, the 4th respondent has issued a notice dated 15.04.2025, dispatched on 30.04.2025, directing the petitioner to vacate and deliver vacant possession within 15 days from the date of receipt of the notice. 2/5

4. However, considering that the petitioner has already filed a revision petition pending before the 1st respondent since August 2024, and a stay application is also pending, it would suffice to dispose of the writ petition with the following directions:

(i) The 1st respondent shall dispose of the pending Revision Petition in R.P. No. 309 of 2024 within a period of 12 weeks from the date of receipt of a copy of this order.

(ii) Till such time, the notice issued by the 4th respondent dated 15.04.2025 shall be kept in abeyance, for the benefit of the writ petitioner.

5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.05.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruppur, Tiruppur District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur.

4.The Executive Officer, Arulmigu Kalyana Pasupatheeswara Swamy Thirukoil, Karur Town.

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P.B.BALAJI , J.

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