Madras High Court
Vishwa Hindu Vidya Kendra vs The Commissioner on 13 April, 2022
W.P.No.9218 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.9218 of 2022
and W.M.P.No.8972 of 2022
Vishwa Hindu Vidya Kendra,
Rep. By its President Mr.S.Vedantam,
No.43, Ramanujam Street, T.Nagar,
Chennai 600 017. .. Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowment Department (Admin),
Nungambakkam, Chennai 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Board,
Thirunelveli.
3.The Joint Commissioner/Executive Officer,
Hindu Religious and Charitable Endowment Department,
Kanyakumari District Temples, Suchindram,
Kanyakumari. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the 3rd respondent from
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.9218 of 2022
proceeding further pursuant to the impugned order of the 2nd respondent in
proceedings in Misc. Petition No.02/2012/A2 dated 29.03.2022 pending
disposal of the Revision Petition filed by the petitioner before the 1st
respondent herein in SR No.16550 dated 04.04.2022.
For Petitioner : Mr.K.Chandrasekaran
For Respondents : Mr.N.R.R.Arun Natarajan
(Special Government Pleader)
ORDER
This Writ Petition is filed by the petitioner seeking for a direction to
the 3rd respondent from proceeding further pursuant to the impugned order of
the 2nd respondent in proceedings in Misc. Petition No.02/2012/A2 dated
29.03.2022, pending disposal of the Revision Petition filed by the petitioner
before the 1st respondent herein in SR No.16550 dated 04.04.2022.
2.By consent of the learned counsel appearing for the petitioner as well
as the learned Special Government Pleader, who takes notice for the
respondents, the Writ Petition is taken up for final disposal at the admission
stage itself.
https://www.mhc.tn.gov.in/judis
W.P.No.9218 of 2022
3.Heard the learned counsel appearing for the petitioner as well as the
the learned Special Government Pleader appearing for the respondents and
perused the entire materials available on record.
4.According to the petitioner Society, they are the owners of the
property in question. The 3rd respondent issued notice to the petitioner. The
petitioner filed O.S.No.537 of 2002 on the file of the II Additional District
Munsif Court, Nagercoil, for permanent injunction against the respondents.
The said suit was decreed by the judgment and decree dated 28.07.2011.
While so, the 3rd respondent initiated proceedings under Section 78 of the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Before
the 2nd respondent, the petitioner produced documents to prove their title and
also gave evidence. The 2nd respondent, without considering the evidence let
in by the petitioner and documents filed, passed an order on 29.03.2022,
declaring the petitioner Society as an encroacher of the temple property. The
said order was received by the petitioner on 02.04.2022, Saturday and the
petitioner filed Revision on the next working day i.e., on 04.04.2022 before
https://www.mhc.tn.gov.in/judis
W.P.No.9218 of 2022
the 1st respondent in SR.No.16550. The petitioner also sought for an order of
stay of further proceedings pursuant to the order of the 2nd respondent. Before
the petitioner could get the Revision numbered and move the application for
stay before the 1st respondent, the 3rd respondent is taking coercive steps to
evict the petitioner. Hence, the petitioner has come out with the present Writ
Petition, seeking for a direction to the 3rd respondent from proceeding further
pursuant to the order of the 2nd respondent dated 29.03.2022, pending
revision petition.
5.Considering the fact that the petitioner has filed Revision Petition
immediately on receipt of the order of the 2nd respondent and sought for stay
of order of the 2nd respondent dated 29.03.2022 pending Revision, there shall
be a stay of the order dated 29.03.2022 for two weeks. The 3 rd respondent is
restrained for a period of three weeks from taking any steps in pursuant to the
order of the 2nd respondent dated 29.03.2022. In the mean while, the
petitioner Society is directed to get the Revision Petition numbered and move
the application for stay before the 1st respondent.
https://www.mhc.tn.gov.in/judis
W.P.No.9218 of 2022
With the above directions, the Writ Petition is disposed of.
Consequently, connected Miscellaneous Petition is closed. No costs.
13.04.2022
Index : Yes / No
gsa
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Department (Admin),
Nungambakkam, Chennai 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Board,
Thirunelveli.
3.The Joint Commissioner/Executive Officer,
Hindu Religious and Charitable Endowment Department,
Kanyakumari District Temples, Suchindram,
Kanyakumari.
https://www.mhc.tn.gov.in/judis
W.P.No.9218 of 2022
V.M.VELUMANI, J.,
gsa
W.P.No.9218 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
