Madras High Court
P.Lakshmanan vs The Commissioner on 19 July, 2021
W.A.(MD)No.1408 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1408 of 2021
and
C.M.P(MD).No.5843 of 2021
1. P.Lakshmanan
2. M.Thannermalai ... Appellants/Petitioners
Vs.
1. The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Chennai.
2. The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Sivagangai District.
3. The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paramakudi, Ramanathapuram District.
4. The Superintendent of Police,
Sivagangai District.
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W.A.(MD)No.1408 of 2021
5. The Deputy Superintendent of Police,
Karaikudi, Sivagangai District.
6. The Inspector of Police,
Chettinadu Police Station,
Sivagangai District.
7. VR.C.T.Veerappan
8. Peri.Chidhambaram
9. Muthu Chettiar ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.6279 of 2021, dated 19.03.2021.
For Appellant : Mr.R.Balakrishnan
For Respondents : Mr.R.Baskaran
Standing Counsel for Government
for R1 to R6
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
The appellant is the writ petitioner, who sought for a direction upon
the respondents 1 to 6 not to give permission to the respondents 7 and 8 for
conducting General Body Meeting, which was scheduled to be held on
21.03.2021 to discuss about the properties of the subject temple and to direct
the respondents 1 to 3 to monitor the respondents 7 and 8 from dealing with the
properties of the temple by taking note of the petitioner's representation.
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W.A.(MD)No.1408 of 2021
2. The writ petition was dismissed with cost on the ground that the
appellant is attempting to agitate a personal dispute between himself and the
other members of the Board of Trustees of the temple.
3. We have heard Mr.R.Balakrishnan, learned counsel appearing for
the appellant and Mr.R.Baskaran, learned Government Counsel appearing for
the official respondents 1 to 6.
4. Since the writ petition was dismissed at the admission stage
without notice to the respondents 7 to 9 and in the light of the order which we
propose to pass, the notice to the respondents 7 to 9 is dispensed with.
5. The appellant, who is also a member of the Board of Trustees of the
subject temple, has reasonable belief that other Board of Trustees are indirectly
supporting the encroachers, who have been directed to be evicted pursuant to
the orders by the Joint Commissioner-HR and CE Department, Sivagangai,
dated 20.02.2019.
6. It is submitted by the learned counsel appearing for the appellant
that the other Board of Trustees are attempting to dilute the effect of the said
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W.A.(MD)No.1408 of 2021
order by indefinitely postponing the eviction proceedings and conducting peace
committee meeting etc., and the Police Authorities are also not cooperating and
giving adequate police protecting for implementing the orders of the Joint
Commissioner.
7. We are informed by the learned counsel appearing for the appellant
that some of the encroachers have filed appeal before the Commissioner-HR
and CE Department, challenging the order passed by the Joint Commissioner-
HR and CE Department, dated 20.02.2019. If that be the situation, as of now, it
may not be appropriate to implement the order passed by the Joint
Commissioner, though only few of the encroachers have filed the appeal before
the Commissioner. If according to the appellant, the other members of the Board
of Trustees are not working in tandem along with the appellant or for certain
other reasons, the appellant is of the opinion that the Board of Trustees are not
cooperating in implementing the order of Joint Commissioner, it will be well
open to the appellant to seek for an impleadment in the appeal petition pending
before the Commissioner-HR and CE Department, and put forth his
submission. The appellant would have locus standi to implead himself in the
pending appeals before the Commissioner as he is a worshipper of the temple
and also a member of the Board of Trustee. Therefore, we are of the view that if
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W.A.(MD)No.1408 of 2021
such liberty is granted to the appellant, that would meet the ends of justice.
8. For the above reasons, this Writ Appeal is allowed and the order
passed in the writ petition is set aside and consequently, the writ petition stands
disposed of with the aforementioned liberty. No costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 19.07.2021
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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
Endowment Department,
Chennai.
2. The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Sivagangai District.
3. The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paramakudi, Ramanathapuram District.
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W.A.(MD)No.1408 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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4. The Superintendent of Police,
Sivagangai District.
5. The Deputy Superintendent of Police,
Karaikudi, Sivagangai District.
6. The Inspector of Police,
Chettinadu Police Station,
Sivagangai District.
W.A.(MD)No.1408 of 2021
19.07.2021
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