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Madras High CourtWP(MD)/19250/2025dismissed

M.Palanivelu v. The Commissioner

2025-07-17Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.14770 and 14822 of 2025 W.P(MD)No.19250 of 2025 M.Palanivelu ... Petitioner Vs.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the order passed by the second respondent vide M.P.No.11/2017/ E 2 dated 16.04.2025 signed on 31.04.2025 and quash the same as illegal, 1/6

arbitrary and violation natural justice and further more direct the respondents to restore the possession of the petitioner's residential house in 3483, Back side of Pokkara Subramaniyasamy Temple, Pookkara Street, Thanjavur Town and Taluk, Thanjavur District within the time fixed by this Court. For Petitioner : Mr.R.Rajaraman For Respondents : Mr.S.S.Madhavan Additional Government Pleader W.P(MD)No.19251 of 2025 Revathi ... Petitioner Vs.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the order passed by the second respondent vide M.P.No.12/2017/ E2 dated 16.04.2025 signed on 31.04.2025 and quash the same as illegal, 2/6

arbitrary and violation natural justice and further more direct the respondents to restore the possession of the petitioner's residential house in 3483, Back side of Pokkara Subramaniyasamy Temple, Pookkara Street, Thanjavur Town and Taluk, Thanjavur District within the time fixed by this Court. For Petitioner : Mr.R.Rajaraman For Respondents : Mr.S.S.Madhavan Additional Government Pleader COMMON ORDER Mr.S.S.Madhavan, leanred Additional Government Pleader takes notice for the respondents.

2. The petitioners are aggrieved by the impugned order passed by the Joint Commissioner on 16.04.2025 under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3. The leanred counsel for the petitioner submits that the impugned order is erroneous. It is submitted that they are descendants of one Mr.Maruthamuthu, who was the tenant of the second respondent temple from 1940 through the third respondent. The impugned order although dated 16.04.2025 was signed on 31.04.2025 which is incorrect. Therefore, it is submitted that on this count the impugned order is liable to be quashed.

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4. It is noticed that the petitioners have filed revisions under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, before the Commissioner in R.P.Nos.195 and 196 of 2025 and notice has been issued to the third respondent herein. The matter is fixed for hearing is 11.08.2025.

5. Considering the same, these writ petitions are liable to be dismissed. However, it is open for the petitioner to work out the remedy before the Commissioner in R.P.Nos.195 and 196 of 2025. The Commissioner shall endeavour to dispose of the revisions in R.P.Nos.195 of 196 of 2025 on its turn as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order.

6. These writ petitions stand dismissed with the above liberty. No costs. Consequently, the connected miscellaneous petitions are closed. 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 4/6

To 5/6

C.SARAVANAN, J.

sn W.P(MD).Nos.19250 and 19251 of 2025 17.07.2025 6/6