← Library
Madras High CourtWP(MD)/29357/2024disposed of

A.M.Sheik Davood v. The Hereditary Trustee

2024-12-06Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.24779 of 2024 A.M.Sheik Davood ... Petitioner Vs.

1.The Hereditary Trustee, A/m.Ponneswariamman Temple, Ponmalaipatti, Trichy City & District.

2.The Joint Commissioner of Hindu Religious and Charitable Endowments Department, Office at Combined Building, 1st Floor, Neelagreeswarar Thoppu, Theppakulam Street, Thiruvanaikaval, Tiruchirappalli-05.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the record the impugned order of the second respondent passed in Miscellaneous Petition No.198/2019 dated 18.07.2024 and quash the same.

For Petitioner :

Mr.R.Rajasekar For R-2 :

Mr.P.Subbaraj Special Government Pleader

ORDER

This writ petition is filed challenging an order of the Joint Commissioner, Hindu Religious and Charitable Endowments Department passed under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as "the Act") against which a revision under Section 21 of the Act is available to the Commissioner, which is an efficacious remedy.

2. In such view of the matter, I do not propose to entertain the writ petition. The petitioner is at liberty to approach the Commissioner by invoking Section 21 of the Act. If the petitioner makes such revision on or before 03.01.2025, the Commissioner shall entertain the same and pass orders on merits and in accordance with law.

3. With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

06.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes Nsr To:

1.The Hereditary Trustee, A/m.Ponneswariamman Temple, Ponmalaipatti, Trichy City & District.

2.The Joint Commissioner of Hindu Religious and Charitable Endowments Department, Office at Combined Building, 1st Floor, Neelagreeswarar Thoppu, Theppakulam Street, Thiruvanaikaval, Tiruchirappalli-05.

K.KUMARESH BABU, J.

Nsr 06.12.2024