Madras High Court
T.M.Babu @ Ramanujam vs The Executive Officer on 9 August, 2021
W.A.No.997 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
W.A.No.997 of 2021
and C.M.P.No.6225 of 2021
T.M.Babu @ Ramanujam .. Appellant
Vs
1.The Executive Officer,
Arulmighu Vedagiriswarar Temple,
Thirukazhukundram,
Kancheepuram District.
2.The Joint Commissioner,
H.R&C.E Department,
Vellore - 9.
3.N.V.Sambandam
4.N.P.Vinayakasundaram .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 28.02.2020 made in W.P.No.18229 of 2013.
For Appellant : Ms.G.Selvi George
For Respondents : Mr.R.Bharanidharan for R1
Mr.D.Ravichander
Government Counsel
for R2
Page 1 of 5
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W.A.No.997 of 2021
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred against the order of the learned
Single Judge who, upon taking note of the arguments on merit,
dismissed the writ petition filed upholding the order of eviction passed
under Section 78 of the Hindu Religious and Charitable Endowments
Act, 1959.
2. After making submissions on merit, learned counsel appearing
for the appellant submitted that permission may be granted to file a
revision before the Commissioner of H.R. and C.E., Department under
Section 21 of the H.R. & C.E. Act.
3. Learned counsel appearing for the first respondent submitted
that it is the appellant who warranted the finding and therefore, there
is no need for any indulgence.
4. Upon hearing the arguments, we deem it appropriate to give
an opportunity to the appellant to exhaust the alternative remedy
provided under the statute. Once we hold so, we have to consider two
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W.A.No.997 of 2021
aspects, namely, application of Section 14 of the Limitation Act and the
findings rendered by the learned Single Judge on merit. This, we are
inclined to consider, particularly when the appellant has already been
dispossessed. Therefore, in order to facilitate the appellant to exhaust
the alternate remedy, we are inclined to grant another four weeks from
the date of receipt of a copy of this judgment to do so. As and when it
is done, within the time period mentioned above, the same will have to
be entertained by the Authority concerned without recourse to the
question of limitation and in which case, the findings rendered by the
learned Single Judge leading to the dismissal of the writ petition will
not stand in the way meaning thereby the subject matter will have to
be considered on its own merit and in accordance with law.
5. The writ appeal stands disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (S.K., J.)
09.08.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.997 of 2021
To
1.The Executive Officer,
Arulmighu Vedagiriswarar Temple,
Thirukazhukundram,
Kancheepuram District.
2.The Joint Commissioner,
H.R&C.E Department,
Vellore - 9.
3.The Commissioner,
H.R&C.E Department,
Vellore - 9.
https://www.mhc.tn.gov.in/judis/
W.A.No.997 of 2021
M.M.SUNDRESH,J.
and
S.KANNAMMAL,J.
mmi
W.A.No.997 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
