Murugan .I v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.16553 & 16556 of 2022 I.Murugan ... Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli Region, Tirunelveli District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nagercoil Division, 1/5

4.The Executive Officer, Arulmigu Muppidariamman Temple, Kariyamanikkapuram, Nagercoil, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the fourth respondent pertaining to its proceedings in Letter No.Nil dated 12.09.2022 and to quash the same and consequently direct the respondents to regularize the petitioner as Tharai Vadagaitharar (Floor tenant) in light of the G.O.(Ms)No.340 Tamil Development, Endowments and Information Department dated 06.08.2007 and to fix and accept the fair rent within a time frame stipulated by this Court. For Petitioner : Mr.S.C.Herold Singh For RR 1 to 3 : Mr.P.Subbaraj Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued by the fourth respondent under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, is under challenge in the present Writ Petition.

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2.Since proceedings have already been initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the petitioner is at liberty to participate in the process of enquiry and submit his explanations, if any, to the competent authorities. The fourth respondent is directed to conduct enquiry by following the procedures as contemplated under the relevant Act and Rules and conclude the process within a period of twelve weeks from the date of receipt of a copy of this order.

3.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 04.08.2025 (2/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli Region, Tirunelveli District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nagercoil Division, 4.The Executive Officer, Arulmigu Muppidariamman Temple, Kariyamanikkapuram, Nagercoil, 4/5

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 04.08.2025 (2/2) 5/5