The petition challenged an order directing removal of temple encroachment. The court held statutory revision under Section 21 is available, barring writ jurisdiction under Article 226. The writ petition was dismissed.
The writ petition stands dismissed. No costs. Connected miscellaneous petition is closed.
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.
W.P.No.3454 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8.2.2023
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR
W.P.No.3454 of 2023 and W.M.P.No.3528 of 2023
Mujeeb Rahuman
Petitioner
Vs.
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari Mandamus, call for the records of the order of the 2nd Respondent dated 25.10.2022 in M.P. 31/2018 /A3 and quash the same.
For Petitioner : Mr.B.Divakaran For Respondents 1 & 2 : Mr.K.Karthikeyan, G.A. For Respondent No.3 : Mr.M.Alagu Gowtham, G.A. ******
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W.P.No.3454 of 2023
O R D E R
Challenging the impugned order dated 25.10.2022 directing the petitioner to remove the encroachment made in the temple property and hand over the possession to the H.R.& C.E. Department, the petitioner has filed the instant writ petition.
6.02.2023
Neutral Citation: Yes/No Speaking/Non Speaking order Index: Yes/No vaan
1 The Commissioner, H.R. & C.E. Department, Nungambakkam, Chennai 600 034.
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W.P.No.3454 of 2023
2 The Joint Commissioner,
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W.P.No.3454 of 2023
N.SATHISH KUMAR, J.
vaan
W.P.No.3454 of 2023 and W.M.P.No.3528 of 2023
Dated: 8.2.2023
2 issues framed by the court
Whether the petitioner can invoke writ jurisdiction under Article 226 of the Constitution when statutory remedy of revision is available under Section 21 of the H.R.& C.E. Act.
Whether the writ petition challenging an order directing removal of encroachment from temple property shall be allowed or dismissed.
2 provisions across 2 enactments
Mujeeb Rahuman
The Commissioner, H.R. & C.E. Department, Nungambakkam, Chennai
The Joint Commissioner, H.R. & C.E Department, Mylapore Chennai
The Executive Officer, A/m. Rathina Vinayagar, Royapettah
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
