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Madras High CourtWP(MD)/34399/2025disposed of

M.Azis Raja v. The Commissioner

2025-11-27Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.27213 & 27214 of 2025 M.Azis Raja ... Petitioner Vs.

1.The Commissioner, Nungambakkam, Chennai.

2.The Joint Commissioner, Dindigul.

3.The Executive Officer, Arulmigu Kalahatheeswarar Temple, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the second respondent dated 31.10.2025 in proceedings M.P.No. 1/5

128/2024, quash the same, as the same is arbitrary, ultravires, beyond the scope of Section 78 of Act 22/1959.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.P.Subbaraj Special Government Pleader for R.1 & R.2 Mr.V.Chandrasekar for R.3

ORDER

Heard both sides.

2.The petitioner challenges the order passed under Section 78 of the HR&CE Act, 1959 on various grounds projected in this writ petition. 3.These grounds can very well be canvassed before the Commissioner, HR&CE Department by filing petition under Section 21 of the Act. Since dispossession may occur in the meanwhile and the petitioner's remedy will be rendered infructuous, I direct that the impugned order shall be kept in abeyance and not enforced for a period of three months from the date of receipt of a copy of this order. The 2/5

petitioner has to file a revision before the Commissioner, HR&CE Department within a period of four weeks. If the revision petition is filed, it shall be entertained without reference to limitation. The petitioner may also apply for interim relief. The application shall be numbered and disposed of within a period of six weeks thereafter. The petitioner has to pay the admitted rent in the meanwhile. I make it clear that I have not gone into the merits of the matter. 4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 27.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 02.12.2025.

To 1.The Commissioner, Nungambakkam, Chennai.

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2.The Joint Commissioner, Dindigul.

3.The Executive Officer, Arulmigu Kalahatheeswarar Temple, Dindigul.

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G.R.SWAMINATHAN, J.

MGA 27.11.2025 5/5