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Madras High CourtWP(MD)/17557/2024closed

Sundaram v. The Commissioner

2024-08-06Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD)No.15100 of 2024 Sundaram ... Petitioner Vs.

1.The Commissioner, Hindu Religious & Charitable Endowment Department, O/o. the Commissioner, HR & CE, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli Division, O/o. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli District - 627 009.

3.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli Division, O/o.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli District - 627 009.

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4.The Executive Officer, A/m Arulmigu Chokkanatha Swamy Thirukovil Kuruchi, Melapalayam, Palayamkottai Taluk, Tirunelveli District.

5.S.Muthukrishnan ... 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 impugned order of the return in N.Dis.No.183881/2023/D2, dated 13.02.2024 issued by the first respondent and to quash the same and consequently, direct the first respondent to take the revision on its file and to decide the same on merits in accordance with law by condoning the delay in filing the revision in N.Dis.No.183881/2023/D2, dated 13.02.2024. For Petitioner : Mr.P.G.Thiyagu For R-1 to R-3 : Mr.M.Senthil Ayyanar Government Advocate For R-4 : Mr.S.Madhavan Standing Counsel

O R D E R

This Writ Petition has been filed seeking to quash the order of the first respondent dated 13.02.2024 and consequently, direct the first respondent to take the revision on its file and to decide the same on merits in accordance with 2/5

law by condoning the delay in filing the revision in N.Dis.No.183881/2023/D2, dated 13.02.2024.

2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that since the possession of the property was acquired by the fifth respondent, the petitioner seeks liberty to work out his remedy in the manner known to law. He also made an endorsement to that effect.

3. Recording the same, this Writ Petition is closed with a liberty to the petitioner to workout his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 06.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Commissioner, Hindu Religious & Charitable Endowment Department, O/o. the Commissioner, HR & CE, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli Division, O/o. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli District - 627 009.

3.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli Division, O/o.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Tirunelveli District - 627 009.

4.The Executive Officer, A/m Arulmigu Chokkanatha Swamy Thirukovil Kuruchi, Melapalayam, Palayamkottai Taluk, Tirunelveli District.

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MOHAMMED SHAFFIQ, J.

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