Alagappan.N v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR N.Alagappan ... Petitioner Vs.

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

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

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

4.The Inspector, Hindu Religious and Charitable Endowments Department, Karaikudi.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned Notice dated 11.08.2021 issued by the fourth respondent and quash the same.

For Petitioner : Mr.S.Madhavan For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 08.11.2021, which reads as follows:

"When the matter was taken up, learned counsel for writ petitioner submitted that there is a declaration that the temple which forms subject matter of captioned writ petition has been declared as a denomination temple, vide decree dated 28.08.1979 in O.S.No.132 of 1979, on the file of the Subordinate Judge's Court, Devakottai. Though a copy of the judgment has been annexed as part of the 1/4

typed set of papers, the decree has not been placed before this Court.

2. Faced with the above situation, learned counsel for writ petitioner sought time to produce the decree. Request acceded to. List under the caption 'adjourned admission' one week hence.

3. List on 15.11.2021."

[extracted as such] 2.Adverting to the aforesaid earlier proceedings, Mr.S.Madhavan, learned Counsel for writ petitioner requests for further time to produce a copy of the decree dated 28.08.1979 made in O.S.No.132 of 1979 on the file of the Subordinate Judge's Court, Devakottai.

3.However, Mr.M.Lingadurai, learned Special Government Pleader, State Counsel on behalf of all the four respondents submits that the writ petitioner has submitted himself to the respondents' jurisdiction by responding to the impugned notice inter-alia by producing income and expenditure accounts. After considering the income and expenditure accounts, the third respondent has also granted permission for expenditure for the current fasli [elg;g[ gryp] 1431 ie., 01.07.2021 to 30.06.2022. A scanned reproduction of the proceedings of the third respondent as submitted before this Court is as follows:

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4.The above gives quietus to the matter and it may not be necessary to go into other questions that have been raised in the captioned writ petition.

5.Recording the aforementioned stated position of the respondents, the captioned writ petition is disposed of as closed. Though obvious, it is made clear that this Court has not expressed any view or opinion on the merits of the matter. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

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

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

4.The Inspector, Hindu Religious and Charitable Endowments Department, Karaikudi.

+1 CC to M/s.SPL GP ( SR-34559[F] dated 16/11/2021 ) 15.11.2021 SJ(CO) KB(13.12.2021) 4P 6C 4/4