V.Manimaraboopathi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Second day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice S.SRIMATHY W.M.P.(MD).Nos.22680, 22681, 22682 and 22683 of 2023 in Rev.AplW(MD).SR.Nos.81499, 81500, 81501 and 81502 of 2023 V.MANIMARABOOPATHI ... PETITIONER/PETITIONER IN WMP(MD).22680/2023 K.KARUPPASAMY ... PETITIONER/PETITIONER IN WMP(MD).22681/2023 K.THANGAVEL ... PETITIONER/PETITIONER IN WMP(MD).22682/2023 P.PAVUNATHAL @ PERIYATHAI ... PETITIONER/PETITIONER IN WMP(MD).22683/2023 Vs 1 THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI -34 2 THE DISTRICT COLLECTOR OFFICE OF DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL 3 THE JOINT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT DINDIGUL DISTRICT, DINDIGUL 4 THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT DINDIGUL DISTRICT, DINDIGUL 1/6

5 THE THAKKAR ARULMIGU CHELLANDIYAMMAN THIRIKOVIL, MANDAVADI, ODDANCHATRAM TALUK, DINDIGUL DISTRICT ... RESPONDENTS/RESPONDENTS IN ALL WMP's Prayer in WMP(MD).22680/2023 in REV.APLW(MD).SR.No.81499/2023 : To pass orders to condone the delay of 46 days in filing the review application. Prayer in REV.APLW(MD).SR.No.81499/2023 :

To review the order passed in WP(MD)No.20106 of 2023 dated 17/08/2023 on the file of the Madurai Bench of Madras High Court and allow the Review Application.

Prayer in WP(MD). 20106/ 2023 :

To issue a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order in Petition No.07/2023 dated 13.06.2023 issued by the 3rd respondent and quash the same as devoid of merits, consequently directing the 1st respondent to take the petitioners appeal dated 14.08.2023 filed Under Section 81 of Hindu Religious and Charitable Endowments Act, 1959 on file and to hear the same and till then not to disturb his possession and enjoyment of property in Survey No.92 and extent of 6 Acres in Mandavadi village, Oddanchatram taluk, Dindigul District, within the period as stipulated by this Honble Court. Prayer in WMP(MD). 22681/ 2023 in REV.APLW(MD).SR.No.81500/2023 : To pass orders to condone the delay of 46 days in filing the review application. Prayer in REV.APLW(MD).SR.No.81500/2023 :

To review the order passed in WP(MD)No.20107 of 2023 dated 17/08/2023 on the file of the Madurai Bench of Madras High Court and allow the Review Application.

Prayer in WP(MD). 20107/ 2023 :

To issue a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order in Petition No.09/2023 dated 13.06.2023 issued by the 3rd respondent and quash the same as devoid of merits, consequently directing the 1st respondent to take the petitioners appeal dated 14.08.2023 filed Under Section 81 of Hindu Religious and Charitable Endowments Act, 1959 on file and to hear the same 2/6

and till then not to disturb his possession and enjoyment of property in Survey No.92 and extent of 1 Acres in Mandavadi village, Oddanchatram taluk, Dindigul District, within the period as stipulated by this Honble Court. Prayer in WMP(MD). 22682/2023 in REV.APLW(MD).SR.No.81501/2023 : To pass orders to condone the delay of 46 days in filing the review application. Prayer in REV.APLW(MD).SR.No.81501/2023 :

To review the order passed in WP(MD)No.20108 of 2023 dated 17/08/2023 on the file of the Madurai Bench of Madras High Court and allow the Review Application.

Prayer in WP(MD). 20108/ 2023 :

To issue a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order in Petition No.08/2023 dated 13.06.2023 issued by the 3rd respondent and quash the same as devoid of merits, consequently directing the 1st respondent to take the petitioners appeal dated 14.08.2023 filed Under Section 81 of Hindu Religious and Charitable Endowments Act, 1959 on file and to hear the same and till then not to disturb his possession and enjoyment of property in Survey No.92 and extent of 1 Acres in Mandavadi Village, Oddanchatram Taluk, Dindigul District, within the period as stipulated by this Honble Court. Prayer in WMP(MD). 22683/2023 in REV.APLW(MD).SR.No.81502/2023 : To pass orders to condone the delay of 46 days in filing the review application. Prayer in REV.APLW(MD).SR.No.81502/2023 :

To review the order passed in WP(MD)No.20109 of 2023 dated 17/08/2023 on the file of the Madurai Bench of Madras High Court and allow the Review Application.

Prayer in WP(MD). 20109/ 2023 :

To issue a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order in Petition No.06/2023 dated 13.06.2023 issued by the 3rd respondent and quash the same as devoid of merits, consequently directing the 1st respondent to take the petitioners appeal dated 14.08.2023 filed Under Section 81 of Hindu Religious and Charitable Endowments Act, 1959 on file and to hear the same and till then not to disturb his possession and enjoyment of property in Survey No.92 and extent of 1 Acres 99 Cents in Mandavadi village, Oddanchatram Taluk, Dindigul 3/6

District, within the period as stipulated by this Honble Court. ORDER : These Writ Miscellaneous Petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.T.MOHAN, Senior Counsel for MR.A.HAJA MOHIDEEN, Advocate for the petitioner in all WMP's and of MR.VEERA KATHIRAVAN, Additional Advocate General-III Assisted by MR.A.KANNAN, Additional Government Pleader on behalf of the Respondents in all WMP's, the court made the following order:- These Miscellaneous Petitions are filed to condone the delay of 46 days in filing the Review Applications.

2.Being satisfied with the reasons stated in the affidavit, delay is condoned. Accordingly, the petitions are allowed.

3.Registry is directed to number the Review Applications, if it is otherwise in order.

4.The parties are directed to maintain status quo until the review applications are admitted for admission.

5.Post the matter on 07.11.2023.

sd/- 02/11/2023 / TRUE COPY / 02/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI -34 2 THE DISTRICT COLLECTOR OFFICE OF DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL 3 THE JOINT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT DINDIGUL DISTRICT, DINDIGUL 4 THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT DINDIGUL DISTRICT, DINDIGUL 5 THE THAKKAR ARULMIGU CHELLANDIYAMMAN THIRIKOVIL, MANDAVADI, ODDANCHATRAM TALUK, DINDIGUL DISTRICT.

COPY TO 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2 CC to M/s.A.HAJA MOHIDEEN, Advocate ( SR-15801[I] dated 02/11/2023 ) 5/6

ORDER

IN W.M.P.(MD).Nos.22680, 22681, 22682 and 22683 of 2023 in Rev.AplW(MD).SR.Nos.81499, 81500, 81501 and 81502 of 2023 Date :02/11/2023 RS//SAR-(02.11.2023) 6P 10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6