Madras High CourtWP(MD)/8482/2017dismissed

M.Easwaran, S/O.Malaichamy v. The Joint Commissioner, Hindu

2017-04-28Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8482 of 2017 and WMP (MD) No.6488 of 2017 1.M.Easwaran 2.M.Malaichamy 3.M.Raja ..Petitioners Vs The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai - 625 001.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the respondent regarding his impugned notice, C.M.P.No.03/2017, dated 27.02.2017 issued in respect of the property in Town Survey No.10/3, measuring 420 sq. feet, in Ponmeni Village, Madurai West Taluk, Madurai District and quash the the same as illegal and arbitrary.

For Petitioner : Mr.K.Sudalaiandi For Respondent : Mr.M.Alagathevan Special Government Pleader

ORDER

The petitioner has approached this Court seeking quashment of the impugned notice, C.M.P.No.03/2017, dated 27.02.2017 issued in respect of the property in Town Survey No.10/3, measuring 420 sq. feet, in Ponmeni Village, Madurai West Taluk, Madurai District. 2.Heard Mr.K.Sudalaiandi, the learned counsel for the petitioner and Mr.M.Alagathevan, the learned Special Government pleader for the respondents 1 to 4.

3.What is impugned in the writ petition is only a show cause notice issued by the respondent. Instead of submitting his reply and offering explanation, the petitioner unnecessarily invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Once an enquiry is initiated by the https://hcservices.ecourts.gov.in/hcservices/

authority, it is open to the petitioner to offer his explanation. Therefore, the present writ petition is totally misconceived. 4.Hence, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petition is also dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai - 625 001.

+1 cc to Special Government Pleader in SR.No:55501 sj AE/JC/SAR4/11.05.2017/2P/3C W.P(MD)No.8482 of 2017 and WMP (MD) No.6488 of 2017 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/