A.Angandi v. The Commissioner
Case brief
What is this about?
Petitioner challenged an auction notice for a temple property while a pending order under the HR&CE Act regarding hereditary trusteeship remained undecided. Court cancelled the auction notice and directed the Joint Commissioner to dispose of the pending order within three months.
What did the court decide?
Auction notice dated 05.07.2018 cancelled; Joint Commissioner directed to dispose of pending O.A. within three months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P. No.18306 of 2018 and W.M.P. Nos.21617 & 21618 of 2018 A.Angandi .. Petitioner -vs1.The Commissioner, HR&CE (ADMN) Department, Chennai-34. 2.The Joint Commissioner, HR&CE Department, Salem-1. 3.The Assistant Commissioner, HR&CE Department, Salem-1. 4.The Fit Person/Executive Officer, A/m.Sidheswaraswamy Temple, Kanjamalai. .. Respondents
Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to auction notice dated 05.07.2018 published in the local Newspaper viz. Daily Thanthi (Salem Edition) issued by the fourth respondent and to quash the same.
For Petitioner :: Mr.T.L.Ram Mohan, Senior Counsel for Ms.G.sumitra For Respondents:: Mr.M.Maharaja, Special Government Pleader ORDER
The petitioner has come to this Court challenging the auction notice dated 05.07.2018 published in the local Newspaper viz. Daily Thanthi (Salem Edition) issued by the fourth respondent.
Issues for consideration
3 issues framed by the court
Whether the auction notice issued by the Fit Person is legally sustainable while the declaration petition regarding hereditary trusteeship is pending?
What direction should be issued regarding the disposal of the pending declaration petition filed by the petitioner?
Whether the impugned auction notice should be cancelled pending the outcome of the underlying order?
Parties & counsel
- petitioner
A. Angandi
- respondent
Commissioner, HR&CE (ADMN) Department, Chennai-34
- respondent
Joint Commissioner, HR&CE Department, Salem-1
- respondent
Assistant Commissioner, HR&CE Department, Salem-1
- respondent
Fit Person/Executive Officer, A/m.Sidheswaraswamy Temple, Kanjamalai
Case details
As recorded by the court registry
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