Madras High Court
Vishwa Hindu Vidya Kendra vs The Commissioner on 16 June, 2021
W.A.Nos.1774 and 1776 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.Nos.1774 and 1776 of 2019
and C.M.P.No.12027 of 2019
Vishwa Hindu Vidya Kendra,
Rep. by its President,
S.Vedantam,
No.43, Ramanujam Street,
T.Nagar, Chennai - 600 017. .. Appellant
in both appeals
Vs
1.The Commissioner,
Hindu Religious and Charitable Endowment
Department,
Nungambakkam,
Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment
Department,
Tirunelveli.
3.Incorporated and Unincorporated Devaswoms,
now known as Kanyakumari District Temples
Suchindrum, represented by its
Executive Officer/Joint Commissioner & Takkar,
Suchindrum - 629 704,
Kanyakumari District. .. Respondents
in both appeals
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W.A.Nos.1774 and 1776 of 2019
Appeals filed under Clause 15 of the Letters Patent against the
order dated 26.02.2019 made in W.P.Nos.15531 and 15532 of 2016.
For Appellant
(in both writ appeals) : Mr.Sathish Parasaran, Sr. Counsel
for Mr.N.Ganesh
For Respondents
(in both writ appeals) : Mr.S.John J.Raja Singh
Government Counsel
Mr.S.Arumugam
for R1 and R2
Ms.Hema Sampath, Sr. Counsel
for Ms.R.Meenal for R3
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
The appeals before us lie in a very compass. During the
pendency of the proceedings initiated invoking Section 78 of the Tamil
Nadu Hindu Religious and Charitable Endowments Act, 1959, treating
the appellant as alleged encroachers. Applications have been filed
seeking to examine the witnesses on behalf of the appellant through
the Commissioner by taking note of their position and age. The said
request was rejected and confirmed in revision. The learned Single
Judge, in turn, concurred with the views expressed. Challenging the
same, the present appeals are before us.
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W.A.Nos.1774 and 1776 of 2019
2. Mr.Sathish Parasaran, learned Senior Counsel appearing for
the appellant would only contend that considering the age of the
witnesses, the cross examination need not be done in person by
issuing summons.
3. Ms.Hema Sampath, learned Senior Counsel appearing for the
contesting respondent submitted that what is required is the proof
affidavit and liberty may be given in the event of the contesting
respondent seeking to cross examine the aforesaid witnesses through
video conferencing.
4. The proceedings have been initiated in the year 2012. On this
issue, we do not wish to keep the appeals pending as the final orders
are yet to be passed. In such view of the matter, the writ appeals
stand disposed of giving liberty to the appellant to file proof affidavit
if they want to rely upon the evidence of two witnesses viz., Saroja
Thambi and Jayanthi Menon on their side. If they desire to do so, such
proof affidavit will have to be filed within a period of four weeks from
the date of receipt of a copy of this judgment duly with the documents
sought to be relied upon, preferably, the original copies. Thereafter,
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W.A.Nos.1774 and 1776 of 2019
the official respondents are directed to give an opportunity to the
contesting respondent to cross examine the aforesaid witnesses
through video conferencing. Taking note of the long pendency of the
proceedings for nearly a decade, we direct the second respondent to
conclude the proceedings within a period of twelve weeks from the
date of receipt of a copy of this judgment. No costs. Consequently, the
connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
16.06.2021
Index:Yes/No
mmi/ssm
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment
Department,
Tirunelveli.
3.The Executive Officer/Joint Commissioner & Takkar,
Incorporated and Unincorporated Devaswoms,
now known as Kanyakumari District Temples
Suchindrum - 629 704,
Kanyakumari District.
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W.A.Nos.1774 and 1776 of 2019
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.Nos.1774 and 1776 of 2019
16.06.2021
https://www.mhc.tn.gov.in/judis/
