Disposed

Rengaraj.S v. the Joint Commissioner

Madras HC3 Jan 2023WP(MD)/9266/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition concerning land encroachment on a temple property. The court directed the first respondent to ensure weekly hearings in the pending miscellaneous petition, pass a reasoned order on merits, and report compliance to the court by March 31, 2023, without expressing any view on the merits.

What did the court decide?

Direction to the First Respondent to ensure weekly effective hearings, pass a reasoned order on merits within three months, and file a compliance report with the Court by March 31, 2023. The writ peti

Rengaraj.S Vs the Joint Commissioner — Property and Title | Madras HC (2023)

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W.P. (MD) No. 9266 of 2011

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.01.2023

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C O R A M

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THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P. (MD) No. 9266 of 2021 and W.M.P. (MD) No. 6980 of 2021

S.Rengaraj

... Petitioner

Vs.

1.The Joint Commissioner,

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Hindu Religious and Charitable Endowment Department, Thanjavur.

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2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai.

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3.S.Baskar ...Respondents

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Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the first respondent to initiate appropriate action and pass necessary orders under Section 78 of the HR & CE Act in respect of encroachment made in S.No.58 to an extent of 0.12 cents of land belonging to Arulmigu Sanjeevirayar Thirukoil, situated at Pidampatti Village, Kulathur Taluk, Pudukottai District, on the basis of the petitioner's representation dated 26.04.2021 within the time limit that may be

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 9266 of 2011

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fixed by this Court.

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For Petitioner : Mr. P.Kalaiyarasi Bharathi For R1 & R2 : Mr. P.Subbaraj Special Government Pleader For R3 : Mr. N.Anandkumar

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O R D E R

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The Petitioner, who is the hereditary trustee of the Arulmigu Sanjeevirayar Thirukoil situated at Pidampatti Village, Kulathur Taluk, Pudukottai District, has filed this Writ Petition to direct the First Respondent to initiate action and pass appropriate orders under Section 78 of the Hindu Religious & Charitable Endowments Act in respect of encroachment made in S.No.58 to an extent of 0.12 cents of land belonging to the above said temple on the basis of the representation made by the Petitioner dated 26.04.2021.

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Learned Special Government Pleader for the Respondents has brought to notice that the application/representation dated 26.04.2021 made by the Petitioner has been taken on file in M.P. No. 15 of 2022 which had been

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 9266 of 2011

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heard on 10.12.2022 and 15.12.2022 and has been adjourned to 09.01.2023 for further proceedings.

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In that view of the matter, this Court with expressing any view on the merits of the controversy involved between the parties, passes the following order:-

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(i) it shall be incumbent upon the First Respondent to ensure that there is atleast one effective hearing every week showing progress of the case;

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(ii) after hearing all parties concerned following the prescribed procedure, the First Respondent shall pass reasoned order in M.P. No. 15 of 2022 dealing with each of the contentions raised on merits and in accordance with law and communicate the decision taken under written acknowledgment; and

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(iii) such exercise shall be completed by 31.03.2023 and report of compliance filed before the Registrar (Judicial) of the Court.

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In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petition is closed. No costs.

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 9266 of 2011

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03.01.2023

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NCC : Yes/No Index : Yes/No

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Note: Issue order copy on 30.01.2023.

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1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

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2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukottai.

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Copy to

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The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai – 625023.

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https://www.mhc.tn.gov.in/judis

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W.P. (MD) No. 9266 of 2011

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P.D.AUDIKESAVALU,J.

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W.P.(MD)No.9266 of 2021

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03.01.2023

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https://www.mhc.tn.gov.in/judis

Rengaraj.S v. the Joint Commissioner

Case brief

What is this about?

What did the court decide?

Rengaraj.S v. the Joint Commissioner

Case brief

What is this about?

What did the court decide?

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