Y.Sivakumar vs The Commissioner
2023 Latest Caselaw 7218 Mad

Citation : 2023 Latest Caselaw 7218 Mad
Judgement Date : 28 June, 2023

Madras High Court

Y.Sivakumar vs The Commissioner on 28 June, 2023

                                                                   W.P.(MD) Nos.15479 to 15483 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 28.06.2023

                                                   CORAM:

                                    THE HONOURABLE MS.JUSTICE P.T.ASHA

                                       W.P.(MD) Nos.15479 to 15483 of 2023
                                                      and
                                      W.M.P.(MD) Nos.13034 to 13038 of 2023

                     W.P.(MD) No.15479 of 2023:

                     Y.Sivakumar                                              .. Petitioner

                                                        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.

                     3.The Assistant Commissioner,
                       Hindu Religious and Charitable
                           Endowment Department,
                       Virudhunagar District.




                     ___________
                     Page 1 of 10
https://www.mhc.tn.gov.in/judis
                                                                      W.P.(MD) Nos.15479 to 15483 of 2023



                     4.The Executive Officer,
                       A/M.Thathankulam Vinayagar Temple,
                       Aruppukottai, Virudhunagar District.                      .. Respondents

Prayer: Petition 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 Sections 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 petitioner in Shop No.167, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No. 167/1149, Aruppukkottai Town, Virudhunagar District.

W.P.(MD) No.15480 of 2023:

                     Suresh Babu                                                 .. Petitioner

                                                        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.

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Executive Officer, A/M.Thathankulam Vinayagar Temple, Aruppukottai, Virudhunagar District. .. Respondents

Prayer: Petition 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 Sections 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 petitioner in Shop No.169, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No. 167/1149, Aruppukkottai Town, Virudhunagar District.

W.P.(MD) No.15481 of 2023:

                     Y.Kannan                                                    .. Petitioner

                                                        Vs.

                     1.The Commissioner,

Hindu Religious and Charitable Endowment Department, No.19, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034.

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Executive Officer, A/M.Thathankulam Vinayagar Temple, Aruppukottai, Virudhunagar District. .. Respondents

Prayer: Petition 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 Sections 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 petitioner in Shop Nos.166, 166(1)(2)(3)(4)(5)(6)(7) in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar District.

W.P.(MD) No.15482 of 2023:

                     Ram Babu                                                    .. Petitioner

                                                        Vs.


                     ___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

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.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Executive Officer, A/M.Thathankulam Vinayagar Temple, Aruppukottai, Virudhunagar District. .. Respondents

Prayer: Petition 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 Sections 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 petitioner in Shop No.165, 165(1)(2)(3)(4)(5)(6)(7), in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar District.

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

W.P.(MD) No.15483 of 2023:

                     S.Shankar                                                   .. Petitioner

                                                        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.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

4.The Executive Officer, A/M.Thathankulam Vinayagar Temple, Aruppukottai, Virudhunagar District. .. Respondents

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

Shop No.173-A, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar District.

In all W.Ps.


                                        For Petitioner    :    Mr.S.Madhavan

                                        For RR1 to 3      :    Mr.P.Subbaraj
                                                               Special Government Pleader

                                        For R4            :    Mr.P.Mahendran


                                                       COMMON ORDER

These writ petitions are filed challenging the impugned notices

dated 17.03.2023, quash the same and consequently, direct the

respondents not to interfere with the peaceful possession and the

business of the petitioners in the petition mentioned shops.

2. In similar circumstances, this Court by its order dated

28.04.2023 in W.P.(MD) No.10814 of 2023, quashed the impugned

notice by passing the following order:

“3. The conduct of the fourth respondent in issuing this proceedings is a flagrant attempt to

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

overreach the judgment of a Civil Court. As an date, the petitioner's title to the property has been denied by the civil Court and challenge to this decree is now pending in appeal. In this background, the proceedings now initiated is illegal and has to necessarily be set aside. Accordingly, this Writ Petition is allowed and the proceeding initiated under the impugned order, dated 17.03.2023, is quashed. No costs. Consequently, connected miscellaneous petition is closed.”

3. Thus, following the above, these Writ Petitions are allowed and

the impugned notices are quashed. No costs. Consequently, connected

miscellaneous petitions are closed.

28.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes

abr

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

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.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Virudhunagar District.

___________

https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.15479 to 15483 of 2023

P.T.ASHA, J.

abr

W.P.(MD) Nos.15479 to 15483 of 2023

Dated: 28.06.2023

___________

https://www.mhc.tn.gov.in/judis