Madras High Court
N.Alagappan vs The Commissioner on 15 November, 2021
W.P.(MD)No.19345 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.19345 of 2021
N.Alagappan ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Nungambakkam,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Sivagangai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Paramakudi.
4.The Inspector,
Hindu Religious and Charitable
Endowments Department,
Karaikudi. ... Respondents
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W.P.(MD)No.19345 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Certiorari, to call for the records
pertaining to the impugned Notice dated 11.08.2021 issued by the
fourth respondent and quash the same.
For Petitioner : Mr.S.Madhavan
For Respondents : Mr.M.Lingadurai
Special Government Pleader
ORDER
***********
Read this in conjunction with and in continuation of earlier
proceedings made in the previous listing on 08.11.2021, which
reads as follows:
“When the matter was taken up, learned
counsel for writ petitioner submitted that there
is a declaration that the temple which forms
subject matter of captioned writ petition has
been declared as a denomination temple, vide
decree dated 28.08.1979 in O.S.No.132 of
1979, on the file of the Subordinate Judge's
Court, Devakottai. Though a copy of the
judgment has been annexed as part of the
typed set of papers, the decree has not been
placed before this Court.
2. Faced with the above situation,
learned counsel for writ petitioner sought time
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W.P.(MD)No.19345 of 2021
to produce the decree. Request acceded to.
List under the caption 'adjourned admission'
one week hence.
3. List on 15.11.2021.”
[extracted as such]
2.Adverting to the aforesaid earlier proceedings,
Mr.S.Madhavan, learned Counsel for writ petitioner requests for
further time to produce a copy of the decree dated 28.08.1979
made in O.S.No.132 of 1979 on the file of the Subordinate Judge's
Court, Devakottai.
3.However, Mr.M.Lingadurai, learned Special Government
Pleader, State Counsel on behalf of all the four respondents submits
that the writ petitioner has submitted himself to the respondents'
jurisdiction by responding to the impugned notice inter-alia by
producing income and expenditure accounts. After considering the
income and expenditure accounts, the third respondent has also
granted permission for expenditure for the current fasli [elg;g[ gryp]
1431 ie., 01.07.2021 to 30.06.2022. A scanned reproduction of the
proceedings of the third respondent as submitted before this Court
is as follows:
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W.P.(MD)No.19345 of 2021
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19345 of 2021
4.The above gives quietus to the matter and it may not be
necessary to go into other questions that have been raised in the
captioned writ petition.
5.Recording the aforementioned stated position of the
respondents, the captioned writ petition is disposed of as closed.
Though obvious, it is made clear that this Court has not expressed
any view or opinion on the merits of the matter. There shall be no
order as to costs.
15.11.2021
Index : Yes / No
Internet: Yes / No
MR
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.
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W.P.(MD)No.19345 of 2021
To
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Nungambakkam,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Sivagangai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Paramakudi.
4.The Inspector,
Hindu Religious and Charitable
Endowments Department,
Karaikudi.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19345 of 2021
M.SUNDAR., J.
MR
ORDER MADE IN
W.P.(MD)No.19345 of 2021
15.11.2021
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