S.Murugan vs The Commissioner
2024 Latest Caselaw 17666 Mad

Madras High Court

S.Murugan vs The Commissioner on 5 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                  W.A(MD)No.1483 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                       DATED : 05.09.2024

                                               CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                      W.A(MD)No.1483 of 2024
                                               and
                                    C.M.P.(MD)No.11523 of 2024


              S.Murugan                                     ... Appellant / Petitioner
                                                 -vs-

              1.The Commissioner,
                Hindu Religious and Charitable
                 Endowment Department,
                Chennai-34.

              2.The Joint Commissioner,
                Hindu Religious and Charitable
                 Endowment Department,
                Mayiladuthurai,
                Mayiladuthurai District.

              3.The Assistant Commissioner,
                Hindu Religious and Charitable
                 Endowment Department,
                Kumbakonam,
                Thanjavur District.

              4.The Assistant Commissioner /
                 Executive Officer,
                Sri Naganatha Swamy Temple,
                Thirunagaeshwaram,
                Thanjavur District.                     ... Respondents / Respondents




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              Page 1 of 4
                                                                     W.A(MD)No.1483 of 2024
              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the

              order dated 12.03.2024 passed in W.P.(MD)No.18521 of 2023.



                           For Appellant    : Mr.G.Gomathi Sankar

                           For R-1 to R-3   : Mr.S.P.Maharajan,
                                              Special Government Pleader

                           For R-4          : Mr.V.Chandra Sekar




                                              JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge before the Writ Court was a notice under Section 9 of the

Hindu Religious and Charitable Endowments Act, 1959, which is

essentially consequential upon an order of eviction passed under Section

78. It is not disputed that an eviction order was passed under Section 78 of

the said Act against the petitioner and the same has not been questioned.

The learned counsel for the petitioner would contend that the property in

its possession is in a different survey Number and the eviction order has

been passed in respect of different survey numbers. Those questions

cannot be decided under Article 226 of the Constitution of India, in the

absence of any evidence. It was open to the petitioner to raise such a

contention in the 78 proceedings and if the contentions have been so

raised, they would have been dealt with by the authority. Even if those

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

contentions have not been dealt with by the authority, the remedy for the

petitioner lies before the revisional authority, namely, the Commissioner,

Hindu Religious and Charitable Endowments Department, under Section

21 of the Act.

2. Hence, we see no merit in the writ appeal. The appeal is therefore

dismissed. Consequently, connected miscellaneous petition is closed. There

shall be no order as to costs.

                                                           [R.S.M., J.]            [L.V.G., J.]
                                                                    05.09.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Sml

              To

              1.The Commissioner,

Hindu Religious and Charitable Endowment Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Mayiladuthurai, Mayiladuthurai District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kumbakonam, Thanjavur District.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Sml

05.09.2024

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