Madras High Court
The Joint ... vs Vishwa Hindu Vidya Kendra on 14 August, 2023
W.A.(MD) No.1317 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1317 of 2023
and
C.M.P.(MD)No.9947 of 2023
in
W.P.(MD)No.17741 of 2023
and
W.M.P.(MD)Nos.14828, 14829 and 14831 of 2023
W.A.(MD)No.1317 of 2023 :
The Joint Commissioner/Executive Officer,
Hindu Religious and Charitable Endowment Department,
Kanyakumari District Temples,
Suchindram,
Kanyakumari. ... Appellant/2nd Respondent/2nd Respondent
-vs-
1.Vishwa Hindu Vidya Kendra,
Represented by its President Mr.S.Vedantam,
No.43, Ramanujam Street, T.Nagar,
Chennai-600 017. ... 1st respondent/writ petitioner
2.The Joint Commissioner/Executive Officer,
Hindu Religious and Charitable Endowment Department,
Tirunelveli.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1317 of 2023
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Nagercoil. ... Respondents 2 & 3/Respondents 1 & 3/
Respondents 1 & 3
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 24.07.2023 made in W.P.(MD)No.17741 of 2023 on the
file of this Court.
For Appellants : Mr.VR.Shanmuganathan
For Respondents : Mr.K.Govindarajan for R1
: Mr.S.P.Maharajan
Special Government Pleader for R2 & R3
W.P.(MD)No.17741 of 2023 :
Vishwa Hindu Vidya Kendra,
Represented by its President Mr.S.Vedantam,
No.43, Ramanujam Street, T.Nagar,
Chennai-600 017. ... Petitioner
-Vs-
1.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Thirunelveli.
2.The Joint Commissioner/Executive Officer,
Hindu Religious and Charitable Endowment Department,
Kanyakumari District Temples, Suchindram,
Kanyakumari.
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W.A.(MD) No.1317 of 2023
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Nagercoil. ... Respondents
Prayer :
Writ Petition is filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to restore the possession
of the property situated at Kanyakumari District, Agasteeswaram Taluk,
Kanyakumari Village in re-survey No.678/41 for about 37 cents with the
petitioner pending disposal of the original suit in O.S.No.278 of 2022 on the
file of the Principal District Court, Nagercoil.
For Petitioner : Mr.K.Govindarajan
For R1 to R3 : Mr.S.P.Maharajan
Special Government Pleader
For R2 : Mr.V.R.Shanmuganathan
COMMON JUDGMENT
[Order of the Court was made by S.S.SUNDAR, J.]
The issues in the writ appeal and the writ petition are one and the same
and therefore, they are disposed of by this common judgment.
2. W.P.(MD)No.17741 of 2023 is filed for issuance of Writ of Mandamus
to direct the respondents to restore the possession of the property situated at
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W.A.(MD) No.1317 of 2023
Kanyakumari District, Agasteeswaram Taluk, Kanyakumari Village in
re-survey No.678/41 for about 37 cents with the petitioner pending disposal of
the original suit in O.S.No.278 of 2022 on the file of the Principal District
Court, Nagercoil.
3. Challenging the interim order passed by the learned Single Judge of
this Court, dated 24.07.2023 in W.P.(MD)No.17741 of 2023, the above writ
appeal is filed by the Joint Commissioner/Executive Officer of Hindu Religious
and Charitable Endowments Department.
4. The brief facts which are necessary for the disposal of these writ
appeal and writ petitions are as follows:-
4.1. The appellant, namely, the Joint Commissioner/Executive Officer of
Hindu Religious and Charitable Endowments Department had initiated action
for removal of encroachment. It is the case of the appellant that originally, the
subject matter of this lis belongs to the temple known as Bhagavathi Amman
Temple. From the proceedings, it is also seen that ryotwari patta was granted
in favour of the temple in recognition of its right/possession. It is seen that a
suit was earlier filed by the first respondent/writ petitioner for injunction to
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W.A.(MD) No.1317 of 2023
the effect that possession of the first respondent/writ petitioner shall not be
interfered with except under due process of law. On seeing the records, this
Court is unable to find proof or materials to sustain the writ petitioner's claim
of title. It is in the said circumstances, this Court is convinced that the
appellant without getting a declaration of his title before the Civil Court cannot
challenge the proceedings initiated against the first respondent/writ petitioner
under Section 78 or Section 79 of the Hindu Religious and Charitable
Endowments Act. However, it is now reported before this Court that a suit in
O.S.No.276 of 2022 on the file of the learned Principal District Judge,
Kanyakumari at Nagercoil is pending and that the first respondent/writ
petitioner prayed for declaration of his title and for consequential injunction.
The subject matter of this writ appeal has already been taken possession by
the appellant. Though this Court finds that the first respondent/writ
petitioner should approach the civil Court for appropriate interlocutory relief,
the property being taken possession of pursuant to a summary proceedings,
assuming ownership in favour of the temple and the writ petitioner is also
requiring the premises for religious purpose, this Court is of the view that the
appellant/first respondent may be permitted to take possession by restoring
status quo ante and continue to be in possession till such time, the civil Court
decides the issue relating to title.
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W.A.(MD) No.1317 of 2023
5. In the said circumstances, this Court is inclined to direct the
appellant to de-seal the premises which has now been taken from the first
respondent/writ petitioner and put the first respondent/writ petitioner in
possession within a period of two weeks from the date of receipt of a copy of
this order. The learned District Judge is directed to dispose of the suit in
O.S.No.276 of 2022 within a period of three months from the date of receipt of
a copy of this order. In case the suit is dismissed on merits, the first
respondent/writ petitioner shall hand over possession of the premises to the
appellant within a period of two weeks from the date of judgment and decree
of the trial Court. If the suit is decreed and declaring the title of the first
respondent/writ petitioner, the first respondent/writ petitioner will continue
to be in possession subject to the result of the further appeal that may be
preferred by the appellant. It shall not be open to the first respondent/writ
petitioner to suspend the order of this Court showing the pendency of further
appeal that may be filed as against the decree which is against the first
respondent/writ petitioner in the suit.
6. The learned counsel appearing for the first respondent states that
some of the original documents were filed with the appellant/Joint
Commissioner. In case the first respondent has produced/submitted any
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W.A.(MD) No.1317 of 2023
original documents, the same may be returned to the first respondent.
However, this Court is not expressing any opinion regarding the original
documents that were filed.
7. The learned District Judge shall commence the trial and proceed on
day-to-day basis so as to comply with the directions of this Court.
8. With the above observations and directions, these Writ Appeal and
the Writ Petitions are disposed of. No costs. Consequently, connected
miscellaneous petitions are closed.
[S.S.S.R., J.] [D.B.C., J.]
14.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
To:
1.The Principal District Judge, Kanyakumari at Nagercoil.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Thirunelveli.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1317 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
3.The Joint Commissioner/Executive Officer,
Hindu Religious and Charitable Endowment Department,
Kanyakumari District Temples, Suchindram,
Kanyakumari.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Nagercoil.
W.A.(MD) No.1317 of 2023
and C.M.P.(MD)No.9947 of 2023
in W.P.(MD)No.17741 of 2023
and W.M.P.(MD)Nos.14828, 14829 and 14831 of 2023
14.08.2023
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https://www.mhc.tn.gov.in/judis
