S. Raja v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)No.20207 of 2024 S.Raja

...Petitioner

Vs 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District.

2.The Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Chitambareshwarar Vakayara Thirukovil, Pullambadi, Lalgudi Taluk, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice dated 17.09.2024 issued by the second respondent to the mother of the petitioner and quash the same. 1/5

For Petitioner : Mr.N.Ananda Kumar For R-1 : Mr.P.Subbaraj Special Government Pleader For R-2 : V.Chandrasekar

O R D E R

Heard Mr.N.Ananda Kumar, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the 1st respondent and V.Chandrasekar, learned counsel for the 2nd respondent.

2. Challenge to the Writ Petition is the notice issued by the second respondent dated 17.09.2024, calling upon the petitioner's mother to remove the encroachment made by them in the property belonging to the temple forthwith, failing which appropriate proceedings under Section 78 and 79 of Hindu Religious and Charitable Endowments Act, would be initiated.

3. When the matter was taken up for hearing, the learned Special Government Pleader appearing for the first respondent would indicate that the notice could only be treated as pre-notice for initiation of proceedings under Section 78 of Hindu Religious and Charitable 2/5

Endowments Act and without complying such proceedings, the encroachment will not be removed.

4. Recording the said submission, I do not find any reasons for adjudicating upon the issue. The possession of the petitioner's mother shall be subject to the proceedings that may be initiated by the first respondent under Section 78 of the Hindu Religious and Charitable Endowments Act.

5. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 11.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy District.

2.The Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Chitambareshwarar Vakayara Thirukovil, Pullambadi, Lalgudi Taluk, Trichy District.

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K.KUMARESH BABU , J.

Nsr 11.11.2024 5/5