Swaminathan.T v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)Nos.21043 and 21044 of 2022 T.Swaminathan ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment, Mayiladuthurai, Thanjavur District.

2.The Assistant Commissioner of HR&CE, Hindu Religious and Charitable Endowment, Kumbakonam District, Thanjavur District.

3.The Executive Officer, Arulmigu Saranatha Perumal Thirukovil, Thirucherai Post, Kumbakonam Taluk, Thanjavur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the 1st Respondent in Miscellaneous Petition No.97/2018, dated 06.05.2019 and quash the same and consequently forbearing the Respondents from interfering the possession of 1/4

the land comprised in Survey No.43/2G, Thirucherai Village, Kumbakonam Taluk, Thanjavur District.

For Petitioner : Mr.M.Saravanakumar For R1 & R2 : Mr.J.Ashok Additional Government Pleader For R3 : Mr.V.Chandrasekar

ORDER

This Writ Petition has been filed challenging the impugned order passed by the 1st Respondent in Miscellaneous Petition No.97/2018, dated 06.05.2019 and consequently forbearing the Respondents from interfering the possession of the land comprised in Survey No.43/2G, Thirucherai Village, Kumbakonam Taluk, Thanjavur District.

2. It is submitted by the learned counsel for the 3rd Respondent that the present writ petition may not be maintainable inasmuch as the very same order came to be challenged in earlier round of writ petition in W.P(MD)No. 5502 of 2022 and subsequently, possession was also taken by the temple on 14.03.2022.

3. It is submitted by the learned counsel for the Petitioner that he pleads ignorance of the same and does not press the matter. 2/4

4. In view of the same, the writ petitions stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 29.11.2022 Index : Yes / No Internet : Yes/ No sn To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment, Mayiladuthurai, Thanjavur District.

2.The Assistant Commissioner of HR&CE, Hindu Religious and Charitable Endowment, Kumbakonam District, Thanjavur District.

3.The Executive Officer, Arulmigu Saranatha Perumal Thirukovil, Thirucherai Post, Kumbakonam Taluk, Thanjavur District.

MOHAMMED SHAFFIQ, J.

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