Madras High CourtWP(MD)/14561/2025disposed of

Krishnamoorthy v. The Commissioner

2025-05-22Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.14561 of 2025 and W.M.P(MD)Nos.10784 & 10785 of 2025 1.Krishnamoorthy 2.Gnanesekaran 3.Singaravelan ... Petitioners Vs

1. The Commissioner, H.R and C.E., Chennai.

2. The Joint Commissioner, H.R and C.E. Administration, Trichy.

3. The Assistant Commissioner, H.R and C.E Administration, Srirangam, Trichy.

4. The Inspector, H.R and C.E. Administration, Srirangam, Trichy.

5. The Village Administration Officer, Ariyavoor Village, Srirangam Taluk, Trichy.

6. D. Subramani

...Respondents

1/4

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari or any other appropriate Writ or Order or Direction in the nature of Writ calling for the records of the 4th respondent dated 14.05.2025 vide Na.Ka.No.35/2025-2 and consequential proceedings dated 17.5.2025 vide and quash the same.

For Petitioner : Ms.J.Anandhavalli For Respondents : Mr.J.K.Jayaseelan Government Advocate for R1 to R5 * * * * *

ORDER

The present writ petition has been filed challenging an order dated 14.05.2025, passed by the fourth respondent herein wherein the public auction to be conducted by the writ petitioners has been stopped. 2.The Division Bench of our High Court in W.P(MD)No.14645 of 2025, has already considered the order dated 14.05.2025 and passed orders. Therefore, this Court is not inclined to consider the said prayer again. 3.As far as the consequential order dated 17.05.2025, is concerned, it has been issued by the fourth respondent herein directing the writ petitioners to appear for an enquiry for appointment of Hereditary Trustees. 2/4

4.According to the learned Counsel appearing for the writ petitioners, appointment of Hereditary Trusteeship is automatic and the question of application or issuance of appointment order is not necessary. However, the learned Additional Government Pleader appearing for the respondents 1 to 5 herein has pointed out that the petitioners have to inform the second respondent herein that they are the Hereditary Trustees and should produce the "No Objection Certificate" from the other concerned persons. Unless such an information is received, the second respondent would not in a position to consider the request of the petitioners.

5.Considering the above said facts, the petitioners are directed to inform the second respondent herein about the fact that they are the Hereditary Trustees. In case, if there is no rival claim, the second respondent is directed to record the petitioners as Hereditary Trustees on their information. 6.With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 22.05.2025 2/2 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To