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Madras High CourtWP(MD)/17043/2020disposed of

G. Balu v. The Commissioner

2020-11-27Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.14246 of 2020 G.Balu ... Petitioner Vs.

1.The Commissioner, The Hindu Religious and Charitable Endowments Department, Chennai - 34.

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

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

4.The Executive Officer, Arulmigu Veeramakaliyamman Thirukovil, Aranthangi - 614 616, Pudukkottai District.

5.The Secretary, The Hindu Religious and Charitable Endowments Department, Chennai.

... Respondents [Respondent No.5 is suo motu impleaded vide order dated 27.11.2020] Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, forbearing the respondents from evicting the petitioner from S.F.No. 3/14 of Aranthangi Town and Taluk, Pudukkottai District till the revision pending before the Secretary to Government, the Hindu Religious and Charitable Endowments Department, Chennai in R.P.No. 116 of 2020 same is disposed of.

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For Petitioner : Mr.K.Baalasundharam For Respondent : Mr.K.P.Narayanakumar, Nos.1 to 3 & 5 Special Government Pleader For Respondent : Mr.Madhavan No.4

ORDER

[Order of the Court was made by N.KIRUBAKARAN, J.] This writ petition has been filed seeking a writ of mandamus, to forbear the respondents from evicting the petitioner from S.F.No.3/14 in Aranthangi Town and Taluk, Pudukkottai District till the revision in R.P.No.116 of 2020, pending before the Secretary to Government, the Hindu Religious and Charitable Endowments Department, Chennai is disposed of.

2.Heard Mr.K.Baalasundharam, learned Counsel appearing for the petitioner, Mr.K.P.Narayana Kumar, learned Special Government Pleader appearing for respondent Nos.1 to 3 and 5 and Mr.Madhavan, learned Counsel appearing for respondent No.4. 3.It is submitted that an eviction order, dated 18.09.2019 has been passed by the second respondent herein, directing the petitioner to evict from the property situated in S.F.No.3/14 in Aranthangi Town and Taluk, Pudukkottai District and to handover the same to the fourth respondent. However, challenging the same, the petitioner has filed a revision petition in R.P.No.116 of 2020, on 07.09.2020, before the Secretary to Government, the Hindu Religious and Charitable Endowments Department, Chennai and the same is pending. Therefore, the petitioner has approached this Court with the aforesaid prayer.

4.In view of the above, the Secretary to Government, the Hindu Religious and Charitable Endowments Department, Chennai is suo motu impleaded as fifth respondent in this writ petition and Mr.K.P.Narayana Kumar, learned Special Government Pleader takes notice for the fifth respondent. The fifth respondent is directed to dispose of the revision filed by the petitioner in R.P.No.116 of 2020, as expeditiously as possible. Till the said revision is disposed of, the respondents shall not take any coercive action. 5.This writ petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

Dsk To 1.The Commissioner, The Hindu Religious and Charitable Endowments Department, Chennai - 34.

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

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

4.The Executive Officer, Arulmigu Veeramakaliyamman Thirukovil, Aranthangi - 614 616, Pudukkottai District.

5.The Secretary, The Hindu Religious and Charitable Endowments Department, Chennai.

27.11.2020 VB (15.12.2020) 3P 6C 3/3