Madras High Court
S.R.Mohanakrishnan vs K.Moorthy on 2 January, 2023
W.A.No.2769 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2769 of 2022
S.R.Mohanakrishnan .. Appellant
v.
1. K.Moorthy
2. V.Moorthy
3. V.Rajendran
4. R.Murugan
5. P.Veeramanikandan
6. M.Pacchaiyammal
7. V.Santhakumar
8. The Joint Commissioner
Hindu Religious &
Charitable Endowment Board
Villupuram
9. The Assistant Commissioner
Hindu Religious &
Charitable Endowment Board
Villupuram
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W.A.No.2769 of 2022
10.The Executive Officer
Arulmigu Athulya Nadheswarar Temple
Arakandanallur, Kandachipuram
Villupuram District .. Respondents
Appeal filed under Clause 15 of the Letters Patent, against the order
dated 26.10.2022 passed in W.P.No.28180 of 2022.
For Appellant :: Mr.V.Raghavachari
For Respondents :: Mr.N.R.R.Arun Natarajan
Special Government Pleader-HR&CE
for R8 to R10
JUDGMENT
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
This writ appeal has been directed against the impugned order dated
26.10.2022 passed in Writ Petition No.28180 of 2022, wherein the learned
single Judge has vividly and explicitly, disposing of the writ petition,
directed the writ petitioners, who are said to be the tenants under the
appellant herein, to submit their explanation to the show cause notice dated
21.09.2022 impugned in the writ petition to the concerned authority on or
before 30.11.2022 with a further observation that in the event of not being
satisfied with the explanation submitted by the writ petitioners, enquiry shall
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W.A.No.2769 of 2022
be conducted following the prescribed procedure after affording full
opportunity of personal hearing to them. The impugned order also further
says that if any adverse decision is taken, the writ petitioners may pursue
legal remedies in accordance with law.
2. Mr.V.Raghavachari, learned counsel appearing for the appellant,
assailing the impugned order, submitted that the appellant, being the
landlord, ought to have been given an opportunity to submit his
explanation/objections to the show cause notice, as the writ petitioners are
only the tenants who have been directed to submit their explanation. The
learned counsel also submitted that when the appellant appeared before the
Joint Commissioner and gave his explanation, this is not even considered by
the Joint Commissioner.
3. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader
appearing for the respondents 8 to 10, in reply, submitted that when the
show cause notice was addressed to the tenants, they can only submit their
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W.A.No.2769 of 2022
explanation/objections and the appellant has no locus.
4. Be that as it may. When the appellant claims to be the landlord
and he has filed this appeal only on the ground that he has not been given an
opportunity to put forth his case, without going into the merits, we hereby
direct the appellant/landlord to submit his explanation/objections to the
show cause notice before the Joint Commissioner, Hindu Religious &
Charitable Endowments Department, Villupuram within one week from the
date of receipt of a copy of this order. If the explanation is given by the
appellant within the time stipulated in this order, the same shall be
considered by the Joint Commissioner, Hindu Religious & Charitable
Endowments Department, Villupuram on merits and appropriate orders
shall be passed in accordance with law. With this observation, the writ
appeal stands disposed of. Consequently, C.M.P.No.22527 of 2022 is
closed. There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.)
Index : yes/no 02.01.2023
ss
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W.A.No.2769 of 2022
To
1. The Joint Commissioner
Hindu Religious &
Charitable Endowment Board
Villupuram
2. The Assistant Commissioner
Hindu Religious &
Charitable Endowment Board
Villupuram
3. The Executive Officer
Arulmigu Athulya Nadheswarar Temple
Arakandanallur, Kandachipuram
Villupuram District
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W.A.No.2769 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
ss
W.A.No.2769 of 2022
02.01.2023
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