Madras High Court
Amarajothi vs The Commissioner on 6 January, 2021
W.A.(MD)No.1274 of 2020 and W.P.(MD)No.13450 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1274 of 2020
and
C.M.P.(MD)No.7262 of 2020
and
W.P.(MD)No.13450 of 2020
and
W.M.P.(MD)Nos.11224 and 11225 of 2020
W.A.(MD)No.1274 of 2020:-
1.Amarajothi
2.Rajeswari
3.Sankaranarayanan ... Appellants
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Sivagangai.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
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W.A.(MD)No.1274 of 2020 and W.P.(MD)No.13450 of 2020
4.The Inspector,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
5.S.Pandurangan
6.Subramanian
7.Vellaichamy
8.Paramasivam
9.Murugesan
10.Selvakumar
11.Muthumanickam ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, to set aside the
order passed by this Court, dated 01.10.2020, in W.P.(MD)No.13450 of 2020,
by ordering the petitioners shall not be dispossessed except by due process of
law, within the meaning of the third respondent's action, by issuing the notice
under Section 78(3) of the Hindu Religious and Charitable Endowments Act,
1959 [Tamil Nadu Act 22 of 1959] to the appellants, by allowing this Writ
Appeal.
For Appellants : Ms.G.Dhanalakshmi
For R1 to R4 : Mr.K.P.Narayanakumar
Special Government Pleader
For R5 : Mr.J.Lawrance
*****
W.P.(MD)No.13450 of 2020:-
1.Subramaniyan
2.Vellaichamy
3.Amar Jothi
4.Rajeswari
5.Paramasivam
6.Murugesan
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W.A.(MD)No.1274 of 2020 and W.P.(MD)No.13450 of 2020
7.G.Selva Kumar
8.Muthumanickam
9.Sankaranarayanan ... Petitioners
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Chennai - 34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Sivagangai.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
4.The Inspector,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
5.S.Pandurangan ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
seeking for issuance of a Writ of Certiorari, to call for the records of the third
respondent, in his proceedings in Che.Mu.Na.Ka.No.1296/2018-1/A2, dated
28.07.2020, and quash the same as illegal, arbitrary, violation of law and
violation of principles of natural justice.
For Petitioners : Mr.M.Jothibasu
For R1 to R4 : Mr.K.P.Narayanakumar
Special Government Pleader
For R5 : Mr.J.Lawrance
*****
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W.A.(MD)No.1274 of 2020 and W.P.(MD)No.13450 of 2020
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
The appellants being the legal heirs of Testator, who dedicated the
property in favour of the Temple, has come forward to file the Writ Petition,
challenging the order appointing the Fit Person.
2.The learned Single Judge granted limited interim order, against
which, W.A.(MD)No.1274 of 2020 has been filed.
3.Though the scope of this appeal is limited, we find from the
provisions of the Tamil Nadu Hindu Religious Charitable and Endowments Act,
1959 [hereinafter referred to as ''the Act''], that the order impugned in W.P.
(MD)No.13450 of 2020, is appealable under Section 21-A of the Act.
4.In such view of the matter, we permit the appellants to invoke
Section 21-A of the Act within a period of four weeks from the date of receipt
of a copy of this judgment. Till such time, status quo as on today shall be
maintained. As and when such course is adopted by the appellants, the
authority concerned is expected to issue notice to the fifth respondent/Objector
viz., S.Pandurangan before passing appropriate final order.
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W.A.(MD)No.1274 of 2020 and W.P.(MD)No.13450 of 2020
5.This Writ Appeal is disposed of accordingly. In view of the order
passed in the Writ Appeal, W.P.(MD)No.13450 of 2020 is also disposed of
accordingly. No costs. Consequently, connected Miscellaneous Petitions are
closed.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 06.01.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Chennai - 34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Sivagangai.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
4.The Inspector,
Hindu Religious and Charitable Endowments Department,
Virudhunagar.
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W.A.(MD)No.1274 of 2020 and W.P.(MD)No.13450 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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Common Judgment made in
W.A.(MD)No.1274 of 2020
and
W.P.(MD)No.13450 of 2020
06.01.2021
http://www.judis.nic.in
