Madras High Court
The Executive Officer/The Joint ... vs K.Loganathan on 1 October, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
W.A(MD)No.485 of 2019
and
C.M.P(MD)No.4063 of 2019
The Executive Officer/The Joint Commissioner,
A/m.Sri.Ranganathaswamy Temple,
Vellithirumutham Village,
Srirangam Taluk,
Trichy District. ...Appellant/Third Respondent
.Vs.
1.K.Loganathan
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Trichy Division,
Uthamar Koil Complex,
Pichandar Koil,Trichy District. ....Respondents 2&3/Respondents
1/5
https://www.mhc.tn.gov.in/judis
1 and 2
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
Court to set aside the order passed by this Court made in W.P(MD)No.5060 of
2018, dated 20.02.2019.
For Appellant : Mr.M.Saravanan
For Respondent-1 : No appearance
For Respondents :Mr.K.Selvaganesan
2 and 3 Addl.Govt.Pleader
JUDGMENT
(Order of the Court was made by P.VELMURUGAN.,J)
The Writ Appeal is directed against the order passed by this Court made in
W.P(MD)No.5060 of 2018, dated 20.02.2019.
2.Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
3.A perusal of the records would show that the first respondent herein/Writ
Petitioner has filed the Writ Petition to issue a Writ ofMandamus forbearing the
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appellants from not dispossesssing or disturbing him from the property in
question till the disposal of proceedings under Section 78 of the Tamil Nadu
Hindu Religious and Charitable Endowments Act. The learned counsel for the
appellant has also admitted that proceedings under Section 78 of the above Act is
pending.
4.When the matter was taken up for hearing in the last hearing, this Court
directed the learned counsel for the appelant to give the particulars about the
pendency of the proceedings under Section 78 of the above Act. When the matter
is taken up for hearing today, the learned counsel for the appellant is not in a
position to clarify this Court about the pendency of the proceedings under
Section 78 of the above Act.However, the Writ Court considered the possession
of the first respondent and thereafter only allowed the Writ Petition. The relief
sought for by the first respondent/Writ Petitioner is only limited. Even after
several years, the learned counsel for the appellant is not in a position to say as to
whether procedings under Section 78 of the above Act is completed or not.
5.Therefore, in these circumstances, the Writ Appeal stands dismissed. No
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costs.Consequently, connected Miscellaneous Petition is closed. However, the
appellant is at liberty to proceed with the matter in accordance with law, if so
advised.
[P.V.,J.] [K.K.R.K.,J.]
01.10.2024
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Trichy Division,
Uthamar Koil Complex,
Pichandar Koil,Trichy District.
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN, J.
and
K.K.RAMAKRISHNAN,J.
vsn
JUDGMENT MADE IN
and
01.10.2024
https://www.mhc.tn.gov.in/judis
