D.Kalaiyarasan vs Idol Arulmighu Balasubramaniasamy ...
2024 Latest Caselaw 20523 Mad

Madras High Court

D.Kalaiyarasan vs Idol Arulmighu Balasubramaniasamy ... on 29 October, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                   C.R.P.(MD)No.2738 of 2024




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    Dated : 29.10.2024

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             C.R.P.(MD)No.2738 of 2024


                D.Kalaiyarasan                                  ... Petitioner/Petitioner /6th Defendant

                                                          Vs.


                Idol Arulmighu Balasubramaniasamy Thirukoil,
                Pugazhimalai,
                Velayuthampalayam, Karur,
                Rep. by its Executive Officer.      ... Respondent / Respondent / Plaintiff

                Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
                India, as against the fair and decreetal order dated 06.09.2024 made in I.A.No.8
                of 2024 in O.S.No.20 of 2018 on the file of the Principal District Judge, Karur.


                          For Petitioner       : Mr.Raguvaran Gopalan




                                                      ORDER

Heard the learned counsel for the revision petitioner.

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

2. The petitioner is figuring as 6th defendant in O.S.No.20 of 2018 on the

file of the Principal District Judge, Karur. The suit has been filed by the temple

for declaration of title and recovery of possession. According to the petitioner,

the executive officer has not obtained proper authorisation from the

commissioner of HR & CE in respect of the plaintiff temple for the suit

property. The authorisation produced by the executive officer according to the

petitioner pertains to some other temple. For this reason, the petitioner cannot

be permitted to examine the commissioner of HR & CE without some basic

foundation. The court below rightly dismissed IA.

3. However, to allay the petitioner's apprehension, I permit the petitioner

to submit an application under RTI Act addressed to the office of the

Commissioner of HR & CE Department, Nungambakkam, Chennai. Within 7

days from the receipt of the application, the office of the commissioner of HR

& CE will categorically inform the petitioner as to whether they have given due

authorisation in favour of the executive officer to institute such suit. It is open

to the petitioner herein to even renew his application thereafter. The court

below will take a fresh call in the light of the answer to be given by the office

of the Commissioner of HR & CE in response to the RTI application to be filed

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

by the petitioner herein. The benefit of this order will not be available to the

petitioner unless he submits an RTI application immediately after receipt of this

order copy. The court below shall not pronounce Judgment in the suit without

the revision petitioner receiving a response from the office of the

Commissioner of HR & CE Department.

4. The Civil Revision Petition is disposed of. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                                   29.10.2024

                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                rmi


                NOTE:Issue Order Copy on 29.10.2024

                To:

                The Principal District Judge, Karur.




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






                                  G.R.SWAMINATHAN, J.

                                                             rmi









                                                    29.10.2024




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