Secretary of Government examined case regarding Mutt control change and fixed time limit for decision.
Petitioner satisfied if Revision before State Government decided within fixed time; respondents to await stay orders.
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. (MD) No. 16274 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.01.2023
C O R A M
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. (MD) No. 16274 of 2018 and W.P. (MD) Nos. 14486 and 14487 of 2018
Munchira Madom,
Rep. By its Madathypathy and Moopil Swamiyar.
... Petitioner
/Vs./
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Hindu Religious and Charitable Endowment (Admn.) Department, Palayamkottai, Tirunelveli District.
9.Sree Padmanabhaswamy Temple, Administration Committee, Rep. by its Chairman, Principal District & Sessions Judge, Thiruvananthapuram, Kerala Satate.
(R7 to R10 are impleaded vide order of this Court dated 16.08.2018 in W.M.P. (MD) No.15835 of 2018.)
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PRAYER:
PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.064/2018/S2, dated 20.03.2018, quash the same.
For Petitioner : Mrs. J.Anandhavalli For Respondents : Mr. T.Villavan Kothai (R1 to R5) Additional Government Pleader
ORDER
Heard Mrs. J.Anandhavalli, Learned Counsel for the Petitioner, Mr. T.Villavan Kothai, Learned Additional Government Pleader, who takes
notice for the Official Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
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Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the Act' for short). The Petitioner was entitled to prefer revision against that order under Section 114 of the Act within a period of three months from the date of its receipt before the State Government. However, the Petitioner did not prefer any revision before the State Government, but has instead filed this Writ Petition on 24.07.2018 challenging the order passed by the First to Third Respondents.
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4.
W.P. (MD) No. 16274 of 2018
hearing to the Petitioner and all other persons concerned to explain their position in that regard;
In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.
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NCC : Yes/No Index : Yes/No Sm
23.01.2023
Note: Issue order copy by 16.06.2023.
TO:
Tirunelveli District.
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Nagercoil, Kanyakumari District.
6.The Executive Officer, Arulmigu Kanni Vinayagar Thirukoil, Vadiveeswaram, Nagercoil, Kanyakumari District.
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P.D.AUDIKESAVALU, J.
Sm
W.P. (MD) No. 16274 of 2018
23.01.2023
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1 issue framed by the court
Whether the Writ Petition violating statutory provision of alternative remedy under Section 114 of the Act be entertained once the revision before State Government is filed.
2 provisions across 1 enactments
Munchira Madom
The Commissioner, Hindu Religious and Charitable Endowment (Admn.) Department
The Additional Commissioner (General), Hindu Religious and Charitable Endowment (Admn.) Department
The Deputy Chief Audit Officer, Regional Audit Officer (Maths)
The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn.) Department
Assistant Commissioner, Hindu Religious and Charitable Endowment (Admn.) Department
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
