Madhanraj v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.16059 of 2023 1.Madhanraj 2.Mandhiri Kumari

...Petitioners

Vs.

1.The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

2.The Tahsildar, Taluk Office, Tirumangalam.

3.Chandraprabha

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the second respondent dated 20.07.2023 in proceedings in Na.Ka.No.4061/2023/A3, quash the same as arbitrary, ultravires, in excess of powers/jurisdiction in colorable exercise of power.

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For Petitioner : Mr.RG.Shankar Ganesh For R1 & R2 : Mr.D.Gandhi Raj Special Government Pleader For R3 : Mr.N.Vallinayagam

O R D E R

This writ petition has been filed challenging the notice issued by the second respondent, dated 20.07.2023, thereby, call upon the petitioner to attend an enquiry to be held on 26.07.2023.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. Today when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 & 2, on instructions would submit that no enquiry is pending on the file of the second respondent since the third respondent already filed a suit in O.S.No.506 of 2023 on the file of the IV Additional District Court, Madurai in respect of the issue in which, the petitioner was issued with notice for enquiry. 2/4

4. In view of the above, nothing survives for adjudication in this writ petition and hence, this writ petition is disposed of. The petitioner and the third respondent are directed to work out their remedy in the pending suit before the Civil Court in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Internet : Yes Index : Yes/No 16.12.2024 Speaking/Non Speaking order am To 1.The Joint Commissioner, Tamilnadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

2.The Tahsildar, Taluk Office, Tirumangalam.

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G.K.ILANTHIRAIYAN, J.

am 16.12.2024 4/4