Madras High Court
K.V.Lakshmiammal vs The Joint Commissioner on 11 April, 2022
W.A(MD)No. 60 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No. 60 of 2022
and C.M.P.(MD) Nos. 802 & 803 of 2022
K.V.Lakshmiammal .. Appellant
Vs
1. The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Sivagangai District.
2. The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Madurai District.
3. The Executive Officer / Deputy Commissioner
Arulmigu Subramania Swamy,
Thirupparankundram,
Madurai.
4. The Assistant Commissioner,
Hindu Religious and Charitable Endowment,
Madurai. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 19.01.2022 made in W.P.(MD) No. 851 of
2022.
For Appellant : Mr.P.Athimoolapandian
For Respondents : Mr.P.Subbaraj
Special Government Pleader
for R1,R2 & R4
: Mr.V.R.Shanmuganathan for R3
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1/5
W.A(MD)No. 60 of 2022
JUDGMENT
[Delivered by R.VIJAYAKUMAR, J.]
1. The writ petitioner received an order under
Section 78 of HR & CE Act passed by the Joint Commissioner,
Sivagangai in M.P.No. 1 of 2015 on 09.09.2021. After the said order,
the petitioner filed O.S.No. 417 of 2021 before the IV Additional
District Judge, Madurai with a prayer for declaration of his title and
to declare the order passed by the Joint Commissioner under
Section 78 of HR & CE Act is illegal, void and in-operative.
Thereafter, the petitioner has received an order under Section 79 of
HR & CE Act on 05.01.2022 putting the order dated 09.09.2021
under execution.
2. The above said order was challenged before
learned Single Judge in W.P.(MD) No. 851 of 2022. The learned
Single Judge has proceeded to dismiss the writ petition on the
ground that the suit filed by the petitioner cannot be maintained and
the petitioner has not made out any prima facie case. The said order
is under challenge in this appeal.
3. We have heard learned counsel appearing for the
appellant as well as the respondents.
https://www.mhc.tn.gov.in/judis
W.A(MD)No. 60 of 2022
4. The writ appellant is mainly aggrieved by the
direction “j)” of the order impugned under which learned Single
Judge has held that the suit filed by the writ petitioner is not
maintainable. We set aside the said direction and hold that the suit
for declaration of title filed by the petitioner may be decided on its
own merits and in accordance with law without being influenced by
the order passed by this Court in W.P(MD) No. 851 of 2022. The
respondent / temple is entitled to proceed with the execution
proceedings under Section 79 of HR & CE Act. In case, if the
petitioner succeeds in the civil suit, the petitioner is at liberty to
seek re-possession of the property.
5. With the above observations, this writ appeal
stands dismissed. No costs. Consequently, connected miscellaneous
petitions are closed.
[P.U., J] [R.V., J]
11.04.2022
Index : No
ssm/27
To
1. The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No. 60 of 2022
2. The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Madurai District.
3. The Executive Officer / Deputy Commissioner
Arulmigu Subramania Swamy,
Thirupparankundram,
Madurai.
4. The Assistant Commissioner,
Hindu Religious and Charitable Endowment,
Madurai.
https://www.mhc.tn.gov.in/judis
W.A(MD)No. 60 of 2022
PARESH UPADHYAY, J.
and
R.VIJAYAKUMAR, J.
(ssm)
W.A(MD)No. 60 of 2022
11.04.2022
https://www.mhc.tn.gov.in/judis
