Madras High Court
Vairamuth vs The Commissioner on 14 June, 2023
W.P.(MD) Nos.13968 to 13971 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) Nos.13968 to 13971 of 2023
and
W.M.P(MD) Nos.11789, 11792, 11791 and 11804 of 2023
1.Vairamuth ... Petitioner in W.P(MD) No.13968 of 2023
2.Sikkandar Salim ... Petitioner in W.P(MD) No.13969 of 2023
3.Sermathai ... Petitioner in W.P(MD) No.13970 of 2023
4.Seethalakshmi ... Petitioner in W.P(MD) No.13971 of 2023
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam,
Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai.
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W.P.(MD) Nos.13968 to 13971 of 2023
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar Division,
Virudhunagar District.
4.The Executive Officer,
A/m.Thathankulam Vinayagar Temple,
Aruppukkottai,
Virudhunagar District. ... Respondents
(in all writ petitions)
Common Prayer :- Petitions filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Certiorarified Mandamus, calling
for the entire records pertaining to the impugned notice issued by the
fourth respondent under Section 78(1) and 78(2) dated 17.03.2023 and to
quash the same as illegal and consequently directing the respondents not
to interfere with the peaceful possession and business of the petitioners
in Shop Nos.176, 176-A, 170, 169, 174, 174(1), 175 and 175(1)(2)(3)(4)
(5)&(6) in T.S.No.271, Block 9 Ward D, Old S.No.123, New S.No.
167/1149, Aruppukkottai Town, Virudhunagar District.
For Petitioners : Mr.S.Madhavan
For R1 to R3 : Mr.P.Subbaraj
Special Government Pleader
(in all writ petitions)
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W.P.(MD) Nos.13968 to 13971 of 2023
COMMON ORDER
This writ petitions have been filed for issuance of Writ of
Certiorarified Mandamus, calling for the entire records pertaining to the
impugned notice issued by the fourth respondent under Section 78(1) and
78(2) dated 17.03.2023 and to quash the same as illegal and
consequently directing the respondents not to interfere with the peaceful
possession and business of the petitioners in Shop Nos.176, 176-A, 170,
169, 174, 174(1), 175 and 175(1)(2)(3)(4)(5)&(6) in T.S.No.271, Block 9
Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town,
Virudhunagar District.
2. The notice impugned in these writ petitions was the subject
matter of W.P(MD) No.10841 of 2023. This Court by order dated
28.04.2023 was pleased to allow the writ petition and proceeding
initiated under the impugned order, dated 17.03.2023, was quashed. The
Court had held that despite dismissal of the civil suit in O.S.No.9 of 2001
filed by the Temple on the file of the Sub Court, Arupukottai, for
declaration and recovery of possession, which is now the subject matter
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W.P.(MD) Nos.13968 to 13971 of 2023
of A.S.No.4 of 2015 on the file of the learned Additional District Judge,
Virudhunagar, this impugned notice has been issued. The Court had
further observed that the conduct of the respondent in issuing
proceedings, is flagrant attempt to overreach the judgment of the civil
Court.
3. Considering the fact that the very same notice has been quashed
in the earlier proceedings, the above writ petitions are also allowed and
the impunged notice, dated 17.03.2023, is set aside. No costs.
Consequently, connected miscellaneous petitions are closed.
14.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
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To
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
No.19, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
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W.P.(MD) Nos.13968 to 13971 of 2023
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Virudhunagar Division,
Virudhunagar District.
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W.P.(MD) Nos.13968 to 13971 of 2023
P.T.ASHA, J.
cp
W.P.(MD) Nos.13968 to 13971 of 2023
Dated: 14.06.2023
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https://www.mhc.tn.gov.in/judis
