Madras High CourtWA(MD)/86/2024disposed of

Mani Alias Karuppaiah v. Arulmighu Jayamkonda Chozheeswarar Temple

2024-01-23Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.791 of 2024 Mani @ Karuppaiah ... Appellant -Vs1.Arulmigu Jayamkonda Chozheeswarar Temple, Soundaranayaki Amman Temple, Rep. by its Trustee, PL.Viswanathan Chettiar 2.The Joint Commissioner, Hindu Religious Endowment Department, Sivagangai District.

... Respondents PRAYER: Appeal filed under Section 15 of Letters Patent, praying this Court to set aside the order dated 26.04.2023 in W.P.(MD)No.10040 of 2023 on the file of this Court.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 : Mr.RM.Arun Swaminathan For R2 : Mr.S.P.Maharajan, Special Government Pleader

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] The appellant has filed this Writ Appeal on the ground that the Writ Court has not provided any opportunity to him and disposed of the Writ Petition at the time of admission itself. Further, the 1st respondent has not disclosed the earlier order dated 25.11.2022 passed in W.P.(MD)No.26632 of 2022. 2.Heard both sides. By consent of both parties, this Writ Appeal is taken up for final disposal at the stage of admission itself. 3.We have carefully gone through the order dated 25.11.2022 passed by the Writ Court, which is only a direction to the 2nd respondent herein to put the petitioner on notice of the materials available with him.

The grievance of the appellant is that without following the earlier directions passed by the Writ Court, the respondents cannot proceed with the action under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959. To that extent, we clarified that the 2nd respondent shall also take note of the earlier order passed by this Court dated 25.11.2022 and to comply with the same.

the 2nd respondent to establish his right in the subject property. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4.With the above directions, this Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [R.V., J.] 23.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To The Joint Commissioner, Hindu Religious Endowment Department, Sivagangai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva 23.01.2024