Raja @ Karuppiah C v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.14986 of 2025 C. Raja @ Karuppiah ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Nungambakkam High Road, Chennai 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur Division, Sachidhanandha Moopanar Salai, Thanjavur 613 001.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur Division, 1/6

SM Road, Thanjavur Town 613 001.

4. The Exeuctive Officer, A/m. Brahmakandeesewarar Temple, Kandiyur, Thiruvaiyaru Taluk, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents 2 to 4 from taking any coercive action to dispossess the petitioner from the subject property measuring an extent of 616 sq.ft. and pathway measuring 112 sq.ft. are comprised in Survey No. 313/8 (part), 313/9 (part), 313/10 (part), Kandiyur, Thiruvaiyaru Taluk, Tanjavur District, till the disposal of the Revision Petition in R.P. E.Office No. 1778895 of 2025 pending with the first respondent filed against order, dated 02.07.2025 of the second respondent made in M.P.No. 19 of 2022. For petitioner : Mr. S.Madhavan For respondents : Mr.S.S.Madhavan Additional Government Pleader for R1 to R3 Mr.V.Chandrasekar Standing Counsel for R4 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Additional Government Pleader 2/6

for the respondents 1 to 3 and learned Standing Counsel for the fourth respondent.

2. The petitioner has filed a Revision before the first respondent/Commissioner under Section 21 of the TNHR &CE Act, 1959 against the order dated 02.07.2025 in M.P.No.19/2022/,3 ,2 passed by the second respondent/Joint Commissioner under Section 78 of the TNHR &CE Act, 1959.

3. The learned counsel for the petitioner submits that a Revision has been filed on 14.07.2025. However, the Revision has not been taken up for hearing.

4. The learned counsel for the petitioner further submits that the petitioner has a fair case to succeed in the Revision filed before the first respondent against the aforesaid order.

5. The learned Additional Government Pleader for the respondents 1 to 3 submits the Revision Petition will be disposed of within a period of three (3) months from the date of receipt of a copy of this order. 3/6

6. Considering the fact that already the petitioner has suffered an adverse order and filed a Revision on 14.07.2025, the respondents 2 to 4 are directed to maintain status quo for a period of 30 days from today.

7. The first respondent/Commissioner shall dispose of the stay petition, if any. The petitioner's continuation over the property will be subject to the interim order to be secured by the petitioner within a period of thirty (30) days from today, provided that the first respondent/Commissioner passes such an order within a period of 30 days from today.

8. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 17.07.2025 Internet : Yes / No apd 4/6

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Nungambakkam High Road, Chennai 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur Division, Sachidhanandha Moopanar Salai, Thanjavur 613 001.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur Division, SM Road, Thanjavur Town 613 001.

4. The Exeuctive Officer, A/m. Brahmakandeesewarar Temple, Kandiyur, Thiruvaiyaru Taluk, Thanjavur District.

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C.SARAVANAN, J.

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