The Correspondent v. The Commissioner

1 W.P.(MD)NO.24291 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24291 of 2025 and W.M.P.(MD)No.19056 of 2025 The Correspondent, Rep. by Sisly Mary, D/o.Jesura, Punitha Soosai Middle School, Mullipadi Village, Dindigul East Block, Dindigul District.

... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments, No.100, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Dindigul.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Dindigul.

4. Arulmigu Thirukameshwar Temple, Mullipadi, Rep. by the Executive Officer, Dindigul East Block, Dindigul District.

... Respondents 1/5

2 W.P.(MD)NO.24291 OF 2025 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned notice vide Na.Ka.No.1614/2023/Aa4 dated 25.08.2025 issued by the third respondent and quash the same and consequently, direct the respondents to not to take any coercive step till the disposal of revision petition pending before the first respondent by considering the petitioner's representation dated 02.09.2025 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.M.Maharaja For R-1 to R-3 : Mr.P.Subbaraj, Special Government Pleader.

For R-4 : Mr.V.Chandrasekar * * *

O R D E R

Heard both sides.

2. The writ petitioner is a minority institution. Prima facie, it appears that the school had been built on a land belonging to the fourth respondent temple. The fourth respondent temple initiated steps under Section 78 of the HR&CE Act and got an eviction order. 2/5

3 W.P.(MD)NO.24291 OF 2025 The petitioner has since filed revision before the first respondent. In the meanwhile, eviction order is sought to be enforced.

3. As rightly pointed out by the learned counsel appearing for the writ petitioner, if the impugned order is given effect, the revision before the first respondent would become infructuous. The learned Special Government Pleader appearing for the first respondent states that the revision will be disposed of on merits and in accordance with law within a period of four months.

4. Recording the said undertaking, I direct the first respondent to dispose of the revision within the said period. The notice impugned in this writ petition will be kept in abeyance and will not be enforced for a period of five months. I make it clear that I have not gone into the merits of the matter. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

08.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.24291 OF 2025 To:

1. The Commissioner, Hindu Religious and Charitable Endowments, No.100, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Dindigul.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Dindigul.

4/5

5 W.P.(MD)NO.24291 OF 2025 G.R.SWAMINATHAN,J.

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