Madras High Court
V.Balakrishnana vs R.Rajaram on 4 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.125 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.125 of 2023
and
C.M.P.(MD)No.1582 of 2023
V.Balakrishnana ... Appellant
Vs.
1.R.Rajaram
2.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Uthamar Gandhi Salai,
Chennai – 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
B-1, Road, Ellis Nagar,
Madurai – 625 016. ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.25806
of 2022 dated 15.11.2022 on the file of this Court.
1/6
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W.A.(MD)No.125 of 2023
For Appellant : Mr.G.Prabhu Rajadurai
For Respondents : Mr.C.Guhaseela Rupan for R1.
Mr.P.Subbaraj,
Spl. Government Pleader for R2 & R3.
JUDGMENT
Heard both sides.
2.The first respondent herein filed W.P.(MD)No.25806 of 2022
seeking action to be taken against the appellant herein. Even though the
appellant was shown as the third respondent in the writ petition, without
putting the appellant on notice, an order was passed on 15.11.2022
disposing of the writ petition in the following terms:-
“5.In view of the above submission and taking into
consideration the facts and circumstances of the case and the
limited relief sought for in this Writ Petition, there shall be a
direction to the 1st Respondent to consider the Petitioner's
representation dated 02.09.2021, on its own merits and pass
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appropriate orders in accordance with law, within a period of
twelve weeks from the date of receipt of a copy of this order after
granting opportunity to the Petitioner and also putting all
interested parties on notice. It is made clear that this Court has
not expressed any view with regard to the merits of the
representation and it is open to the 1st Respondent to consider the
representation on its own merits.”
Aggrieved by the said direction, this writ appeal has been filed.
3.During the pendency of the writ appeal, the Commissioner,
Hindu Religious and Charitable Endowment Department, Chennai put
the appellant on notice and the appellant also submitted his reply. Now, it
is for the Commissioner, Hindu Religious and Charitable Endowment
Department, Chennai to pass an appropriate order. We direct the
Commissioner, Hindu Religious and Charitable Endowment Department,
Chennai to dispose of the matter on merits and in accordance with law
within a period of four weeks from the date of receipt of a copy of this
judgment. We make it clear that we have not gone into the merits of the
matter. The contentions of both the parties are left open.
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4.The writ appeal is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (K.R.S. J.,)
04.06.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
119, Uthamar Gandhi Salai,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
B-1, Road, Ellis Nagar,
Madurai – 625 016.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:15:39 pm )
G.R.SWAMINATHAN, J.
and
K.RAJASEKAR, J.
ias
04.06.2025
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