Madras High Court
Nethaji vs The Commissioner on 4 May, 2023
Writ Appeal No.1048 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Writ Appeal No.1048 of 2023
and CMP.No.10473 and 10476 of 2023
1. Nethaji
2. Mathaiyan .. Appellants
Vs.
1. The Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungambakkam High Road,
Chennai.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowments Department,
Salem.
3. The Assistant Commissioner,
Hindu Religious & Charitable Endowments Department,
Dharmapuri,
Dharmapuri District.
4. The Executive Officer,
Arulmizhu payil Mariamman Temple,
Nekunthi Village,
ErrapaiyanaAlli Post,
Nallampalli Taluk,
Dharmapuri District. .. Respondents
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Writ Appeal No.1048 of 2023
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 05.04.2022 made in WP.No.7902 of 2023 passed by the learned
Single Judge of this Court.
For appellants : Mr.Uma Shankar
for Mr.M.Selvam
For respondents : Mr.Yeswanth, AGP
JUDGMENT
(The Judgment of the Court was delivered by C.SARAVANAN, J)
The present appeal has been filed challenging the order passed by the
learned Single Judge of this Court in WP.No.7902 of 2023 dated
05.04.2023.
2. The petitioners/appellants is aggrieved by para 16 of the order
passed by the learned Single Judge, which reads as under:
"16. The petitioners, since not holding any valid lease,
they are not entitled to continue in the possession. Thus the
Authorities Competent are empowered to recover the
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Writ Appeal No.1048 of 2023
possession from the petitioners and conduct public auction in
the interest of Temple Administration."
3. The learned counsel appearing for the appellants submitted that the
appellants are in occupation of the property namely agricultural land and
they may be allowed to continue in possession.
4. Per contra, the learned Additional Government Pleader appearing
for the respondents submitted that the impugned order of the learned Single
Judge is well reasoned and it requires no interference.
5. It is submitted that the appellants cannot be permitted to continue
in possession as the agricultural property has to be auctioned under
Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments
Act, 1959.
6. We have considered the submissions of the learned counsel for the
appellants as well as the respondents and we are of the view that there
cannot be any impediment in auctioning the rights of the agricultural land,
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Writ Appeal No.1048 of 2023
which belongs to the respondents herein. It is open to the appellants to
participate in the auction that is proposed to be conducted by the
respondents. In case, the appellants succeed, they can continue with the
possession of the property otherwise, they shall handover the property to the
respondents. Till auction is conducted, status quo has to be maintained.
7. With the above observations, the Writ Appeal stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[A.D.J.C., J] [C.S.N., J]
04.05.2023
Speaking Order: Yes / No
pvs
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Writ Appeal No.1048 of 2023
To
1. The Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungambakkam High Road,
Chennai.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowments Department,
Salem.
3. The Assistant Commissioner,
Hindu Religious & Charitable Endowments Department,
Dharmapuri,
Dharmapuri District.
4. The Executive Officer,
Arulmizhu payil Mariamman Temple,
Nekunthi Village,
ErrapaiyanaAlli Post,
Nallampalli Taluk,
Dharmapuri District.
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Writ Appeal No.1048 of 2023
A.D.JAGADISH CHANDIRA, J
and
C.SARAVANAN, J
pvs
Writ Appeal No.1048 of 2023
04.05.2023
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