Tej Raj vs The Commissioner
2021 Latest Caselaw 14894 Mad

                                                                         W.A.No.2530 of 2018

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 26.07.2021

                                                       CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                               W.A.No.2530 of 2018
                                            and C.M.P.No.20430 of 2018

                      1.Tej Raj
                      2.Leela Bai
                      3.T.Praveen Kumar
                      4.T.Vinoth Kumar                                         .. Appellants

                                                        Vs

                      1.The Commissioner,
                        Hindu Religious & Charitable Endowment Board,
                        Chennai - 600 034.

                      2.The Joint Commissioner,
                        Hindu Religious & Charitable Endowment Board,
                        Chennai - 600 034.

                      3.The Executive Officer,
                        Arulmighu Ekambareswarar Thirukoil,
                        Office at Temple Premises,
                        Aminjikarai, Chennai - 600 029.                      .. Respondents

                           Appeal filed under Clause 15 of Letters Patent against the order
                      dated 03.05.2018 made in W.P.No.11728 of 2018.

                            For Appellant          :     Mr.A.Rajesh kanna

                            For Respondents        :     Mr.S.Arumugam,
                                                         Government Counsel for R1 & R2
                                                         Mr.D.R.Sivakumar for R3

                      Page 1 of 4


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                                                                               W.A.No.2530 of 2018



                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

What is challenged before us is the show cause notice issued.

The learned Single Judge rightly dismissed the writ petition declining

to go into the merits by invoking Article 226 of the Constitution of

India.

2.Learned Government counsel appearing for respondents 1

and 2 submitted that the appellant is liable to pay huge amount.

3.Suffice it to state that we do not find any merit in this appeal

as there is neither lack of jurisdiction nor malice in law being the two

factors for entertaining the writ petition against the show cause

notice.

4.Taking into consideration the long pendency of the

proceedings, we direct the second respondent to conclude the same,

within a period of eight weeks from the date of receipt of a copy of

this judgment. It is open to the appellant to give further explanation

http://www.judis.nic.in W.A.No.2530 of 2018

within a period of two weeks from the date of receipt of a copy of this

judgment, if so advised.

5.The writ appeal stands disposed of accordingly. No costs.

Consequently, connected miscellaneous petitions are closed.

                                                              (M.M.S., J.)    (R.N.M., J.)
                                                                      26.07.2021
                      Index:Yes/No
                      mmi/ssm


                      To

                      1.The Commissioner,

Hindu Religious & Charitable Endowment Board, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Board, Chennai - 600 034.

3.The Executive Officer, Arulmighu Ekambareswarar Thirukoil, Office at Temple Premises, Aminjikarai, Chennai - 600 029.

http://www.judis.nic.in W.A.No.2530 of 2018

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.2530 of 2018

26.07.2021

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