Manoharan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Manoharan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 3.The Tahsildar, 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, 5.The Executive Officer, Arulmighu Krishnan Varadharaja Perumal Thirukovil, Edumalai Village, Trichy Disrict.

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6.The Block Development Officer, Mannachanallur Panchayat Union, 7.The President, Edumalai Village Panchayat, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2, 4 and 5 to de-seal the library premises comprised in Old Survey No.274/15 and New Survey No. 522/1 situated at Edumalai Village, Mannachanallur Taluk, Trichy District. For Petitioner : Mr.T.Lenin Kumar For R-1 to R-4 : Mr.K.S.Selva Ganesan Additional Government Pleader For R-5 : Mr.V.Chandrasekar For R-6 and R-7 : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The present Writ Petition is filed praying for a Mandamus, directing the respondents 2, 4 and 5 to de-seal the library premises comprised in Old Survey No.274/15 and New Survey No.522/1 situated at Edumalai Village, Mannachanallur Taluk, Trichy District.

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2. It submitted by the learned counsel for the petitioner that in this is the second round of litigation. In earlier round, the very same petitioner has filed a Writ Petition in W.P.(MD)No.11488 of 2024 challenging the proceedings under Section 78 of Hindu Religious and Charitable Endowments Act and this Court vide order dated 29.05.2024 dismissed the Writ Petition on the premise that there is an effective alternative remedy of filing a revision under Section 21 of the Act, before the Commissioner.

3. It is further submitted by the learned counsel for the petitioner that pursuant to the above order, the petitioner had filed a revision petition under Section 21 of the Act before the Commissioner of HR and CE Department. The subject property/building in question is a library and it has been sealed during the pendency of the above revision petition. It is also submitted that an interim application was filed in the above revision petition. However, the same was denied by the learned counsel for the respondent authorities stating that thus far no interim application has been filed, while submitting that if interim application is filed and if it is in order, the same would be numbered and disposed of expeditiously.

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4. In the circumstances, if interim application has already been filed and if it is in order, the same would be numbered and shall be considered by the respondent authorities, within a week from the date of receipt of a copy of this order. However, if no interim application has been filed so far, the petitioner is at liberty to file an interim application. If any such application is filed and if it is in order, the same would be numbered and shall be considered by the respondent authorities, within a period of ten days from the date of filing of such application.

5. Accordingly, this Writ Petition is disposed of. No costs. 18.09.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 18.09.2024.

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To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 3.The Tahsildar, 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, 5.The Executive Officer, Arulmighu Krishnan Varadharaja Perumal Thirukovil, Edumalai Village, Trichy Disrict.

6.The Block Development Officer, Mannachanallur Panchayat Union, 7.The President, Edumalai Village Panchayat, 5/6

MOHAMMED SHAFFIQ, J.

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