Madras High Court
Arulmigu Koodal Alagar Temple vs G.Veluchamy ... 1St on 12 November, 2024
W.A.(MD)No.891 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.A.(MD)No.891 of 2020
and
CMP(MD)No.4864 of 2020
Arulmigu Koodal Alagar Temple,
Madurai through its
Assistant Commissioner/Executive Officer,
Madurai-625 001 ... Appellant/4th Respondent/4th Respondent
Vs
1.G.Veluchamy ... 1st Respondent/Petitioner/Petitioner
2.The Commissioner,
Hindu Religious and Charitable Endowment Board,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Board,
Ellis Nagar, Madurai City.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Board,
Ellis Nagar, Madurai City. ...Respondents 2 to 4/Respondents 1 to 3/
Respondents 1 to 3
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Page 1 of 6
W.A.(MD)No.891 of 2020
Prayer:
This Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the
order dated 27.08.2020 passed by this Court in W.M.P.(MD)No.9123 of 2020 in
W.P(MD)No.10232 of 2020.
For Appellant : Mr.S.Manohar
For Respondents : Mr.S.Madhavan for R1
M/s.D.Farjana Ghousia
Special Government Pleader for R2 to R4
JUDGMENT
[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.]
This Writ Appeal is filed against the order passed by this Court in W.M.P.
(MD)No.9123 of 2020 in W.P(MD)No.10232 of 2020, dated 27.08.2020.
2.The first respondent, Velusamy is a tenant in one of the shops owned by
Madurai Koodal Alagar Temple and eviction proceedings have been initiated by
the temple under Section 78 of the Tamil Nadu Hindu Religious and Charitable
Endowments Act. Thereby, on 23.08.2020, the eviction order was implemented
and the vacant possession of the shop was taken. It appears that the first
respondent/writ petition filed a writ petition only on 27.08.2020. When the writ
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petition came up for admission, the learned Single Judge passed the following
order:
“The petitioner's counsel states that he would take a demand draft for a
sum of Rs.1,00,000/- immediately favouring the temple and hand over the same
to the Executive Officer. Upon such handing over, without prejudice to the
contentions of the temple as well as the department, the respondents are
directed to unseal the petition mentioned premises immediately and hand over
the possession to the petitioner herein.”
3.On perusal of the above said order, the first respondent/petitioner has to
deposit a sum of Rs.1,00,000/- in favour of the temple and hand over the same to
the Executive Officer and on such handing over, without prejudice to the rights
and contentions of the temple, the temple authorities are directed to unseal the
petition mentioned premises and hand over the possession to the first
respondent/petitioner.
4.Aggrieved against the said order passed by the learned Single Judge, the
temple-appellant/4th respondent has preferred this writ appeal.
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5.At the time of admission, we find that there is an interim stay passed by
this Court on 01.10.2010 in the writ appeal. Pending the writ appeal, the learned
counsel for the appellant represented that the amount of Rs.1,00,000/- that was
ordered to be deposited by the first respondent writ petitioner is not complied
with. Against which, the writ appeal has been filed. When the writ petition came
up for final disposal before the learned Single Judge of this Court, this Court
closed the writ petition on 10.10.2023. While this being so, it is represented that
after the dismissal of the main writ petition on 10.10.2023, subsequent auction
has taken place and some other person was given tender and possession on
08.08.2024.
6.In view of above, since the main writ petition is closed, nothing survives
to be adjudicated in this case. Hence, this Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[T.K.R., J.] [N.S., J.]
12.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
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To
1.The Commissioner,
Hindu Religious and Charitable Endowment Board,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Board,
Ellis Nagar, Madurai City.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Board,
Ellis Nagar, Madurai City.
4.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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RMT.TEEKAA RAMAN, J.
and
N.SENTHILKUMAR, J.
sji
12.11.2024
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