Madras High Court
Dr.A.Paul Murugan vs The Commissioner on 5 September, 2023
W.A.(MD) Nos.1466 & 1467 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) Nos.1466 & 1467 of 2023
and
C.M.P.(MD) Nos.11226 & 11227 of 2023
Dr.A.Paul Murugan ... Appellant in W.A.(MD) No.
1466 of 2023
Valliammal ... Appellant in W.A.(MD) No.
1467 of 2023
-vs-
1.The Commissioner
Hindu Religious and
Charitable Endowments Department
Nungambakkam
Chennai-600 034
2.The Joint Commissioner
Hindu Religious and
Charitable Endowments Department
Thoothukudi
Thoothukudi District
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W.A.(MD) Nos.1466 & 1467 of 2023
3.The Executive Officer
Arulmighu Meenakshi
Sundareswarar Thirukovil
Vilathikulam Taluk
Thoothukudi District
4.The District Collector
Thoothukudi District
Thoothukudi
5.The Revenue Divisional Officer
Kovilpatti Division
Thoothukudi District
6.The Tahsildar
Vilathikulam Taluk
Thoothukudi District ... Respondents in
both W.As.
Writ Appeal (MD) No.1466 of 2023 filed under Clause 15 of Letters
Patent to set aside the order, dated 12.06.2023, passed in W.P.(MD) No.11453
of 2023, on the file of this Court.
Writ Appeal (MD) No.1467 of 2023 filed under Clause 15 of Letters
Patent to set aside the order, dated 12.06.2023, passed in W.P.(MD) No.11459
of 2023, on the file of this Court.
For Appellant : Mr.S.Conscious Ilango
(in both W.As)
For Respondents : Mr.S.P.Maharajan
(in both W.As) Special Government Pleader
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W.A.(MD) Nos.1466 & 1467 of 2023
COMMON JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
These writ appeals are directed against the order of the learned
Single Judge, dated 12.06.2023, passed in W.P.(MD) Nos.11453 & 11459 of
2023.
2. The only grievance expressed by the learned counsel for the
appellants is that the appellants can file a suit only if action is taken by the
respondent – Temple under Section 78 or 79 of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959 (for brevity, “the Act”).
3. The appellants claim title to their respective property and
contend that they are in possession of the same for several decades.
Therefore, the appellants, who are claiming a relief on the strength of their
title, should approach the Civil Court, if they want to establish their title and
get an order of injunction as against the respondent – Temple.
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W.A.(MD) Nos.1466 & 1467 of 2023
4. Section 79(2) of the Act reads as follows:
“79. Mode of eviction on failure of
removal of the encroachment as directed by the
Joint Commissioner.
(1) ...
(2) Nothing in sub-section (1) shall prevent any
person aggrieved by the order of the Joint
Commissioner under sub-section (4) of Section 78 from
instituting a suit in a Court to establish that the
religious institution or endowment has no title to the
property.”
5. Section 79(2) of the Act cannot be interpreted to mean that
unless the Temple Authority takes action for removal of encroachment, the
appellants cannot move the Civil Court to establish their title. Therefore, the
submission of the learned counsel for the appellants cannot be countenanced.
6. Giving liberty to the appellants to approach the Civil Court to
seek declaration of title and consequential relief, the writ appeals are disposed
of. Further, taking lenient view in the matter, the costs imposed by the
learned Single Judge is reduced from Rs.50,000/- to Rs.20,000/- (Rupees
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W.A.(MD) Nos.1466 & 1467 of 2023
twenty thousand only) for each petitioner (in total, Rs.40,000/- (Rupees forty
thousand only). No costs. Consequently, connected miscellaneous petitions
are closed.
[S.S.S.R., J.] [D.B.C., J.]
05.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Commissioner,
Hindu Religious and
Charitable Endowments Department,
Nungambakkam,
Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and
Charitable Endowments Department,
Thoothukudi,
Thoothukudi District.
3.The Executive Officer,
Arulmighu Meenakshi
Sundareswarar Thirukovil,
Vilathikulam Taluk,
Thoothukudi District.
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W.A.(MD) Nos.1466 & 1467 of 2023
4.The District Collector,
Thoothukudi District,
Thoothukudi.
5.The Revenue Divisional Officer,
Kovilpatti Division,
Thoothukudi District.
6.The Tahsildar,
Vilathikulam Taluk,
Thoothukudi District.
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W.A.(MD) Nos.1466 & 1467 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
krk
W.A.(MD) Nos.1466 & 1467 of 2023
and
C.M.P.(MD) Nos.11226 & 11227 of
05.09.2023
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https://www.mhc.tn.gov.in/judis
