The petitioner challenged an auction notice for property he claimed to own absolute title to. The court held that since title was disputed and a declaration suit was pending, the writ petition was not maintainable and was dismissed.
Petitioner's writ petition challenging the auction notice was dismissed due to pending title dispute.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2019
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
W.P. 37597 of 2007 and M.P.s 2 and 3 of 2007
Minor Vignesh, represented by his maternal grandfather and guardian Muthu Bacha Mudaliar, S/o. Subbaraya Mudaliar, Door No.52/1, West Mada Street, Shenoy Illam, Acharapakkam, Madurantakam Taluk, Kancheepuram District.
... Petitioner
Versus
Fit Person, Arulmighu Ramalingeswar Thirukovil, Thimmarajampettai, at Ulagalanda Perumal Kovil, Kancheepuram.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the proceedings of the 2nd respondent The Commissioner of Hindu Religious and Charitable Endowments, Nungambakkam, Chennai-34 resulting in the order in the proceedings in OM. No.67219/07/V2, dated 19.11.2007 leading to the publication in Dina Thanthi dated 15.12.2007 for public auction to be held on 26.12.2007 in respect of the house, ground and premises bearing No.85/91, Thimmarajampettai Village, Main Road, Kancheepuram Taluk and District and quash the same.
For Petitioner : Mr.M.S.Subramanian For Respondents : Mr.Arul Pazham Nee for R1 Mr.M.Maharaja, Special Govt. Pleader (HR & CE) for R2 O R D E R
This Writ Petition has been filed challenging the auction notice issued by the 1st respondent for granting lease in respect of house, ground and premises bearing No.85/91, Thimmarajampettai Village, Main Road, Kancheepuram Taluk and District. According to the petitioner, he is the absolute owner of the above property and the 1st respondent has no title over the same, and the property cannot put in public auction.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
rpp
To
1. The Executive Officer cum
Fit Person,
Arulmighu Ramalingeswar
Thirukovil,
Thimmarajampettai,
at Ulagalanda Perumal Kovil,
Kancheepuram.
2. The Commissioner,
Hindu Religious and Charitable
Endowments,
Nungambakkam,
Chennai-600 034.
+1cc to Mr.M.S.Subramanian, Advocate Sr.88419
+1cc to the Government Pleader Sr.88295
W.P. 37597 of 2007
and
M.P.s 2 and 3 of 2007
vg I[co]
srg 25/11/2019
1 issue framed by the court
Whether a writ petitioner can challenge an auction notice when his title to the property is in dispute and a civil suit is pending.
1 provisions across 1 enactments
Minor Vignesh
The Executive Officer cum Fit Person, Arulmighu Ramalingeswar Thirukovil
The Commissioner, Hindu Religious and Charitable Endowments
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
