Trust founders challenged a show cause notice under Section 78(2) of the TN HR&CE Act claiming temple title over their college land. The court declined to interfere with the show cause notice and directed the petitioners to file objections before the Joint Commissioner within three weeks.
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W.P.No.28621 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.09.2024
CORAM:
THE HON'BLE Mr.JUSTICE M.DHANDAPANI
W.P.No.28621 of 2011
and M.P.No.1 of 2011& M.P.No.1 of 2013
Vs.
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4.The Deuputy Commissioner, Hindu Religious & Charitable Endowments Department Vellore -9, Vellore District.
6.The Executive Officer Arulmigu Adhikesava Perumal & Bashyakara Swami Thirukoil, Kancheepuram, Kancheepuram District. ... Respondents
Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of certiorari calling for the records relating the impugned proceeding of the fourth respondent in
Notice No.4938/2011/E1 dated 18.08.2011 quash the same.
For Petitioners : Mr.V.Selvaraj
For Respondents : Mr.K.Karthikeyan
Government Advocate (HR& CE Dept.) for R1 to R5
:Mr.A.K.Sriram
Senior Counsel for M/s.A.S.Kailasam & Associates for R6
ORDER
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This Writ Petition is filed seeking for quashment of the records
relating to the impugned proceeding of the 4th respondent dated 18.08.2011 vide Notice No.4938/2011/E1.
petitioners are founder trustees of Dharma Medical Research and Charitable Trust. The trust has established two institutions namely Dharma Ayurveda Medical College and Velumailu Siddha Medical College at 48, Grand West Trunk Road, Sriperumbudur, Kancheepuram District. Both institutions have been recognized by the Government of Tamil Nadu, Central Council of Indian Medicine and are affiliated to Dr.MGR Medical University. The said institutions were established after obtaining necessary permission from the Government of Tamil Nadu and approval from the Central Government and other relevant authorities. A portion of the property where the colleges are situated was purchased by the Dharma Medical Research and Charitable Trust from the Trustee of Lakshmi Prabanna Ramanuja Doss Trust represented by its Trustee late Sri Mahant Damodhar Dass by way of two sale deeds dated 03.05.2001 and 30.08.1997 by Document Nos.1911 of 2001 and 4905 of 1997 on the file of District Registrar, Madras South and Lease Deed dated 16.09.1997
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registered as Document No.4906 of 1997 on the file of District Registrar, Chennai South. The total extent of the land obtained by the petitioner's institution is 16.40 acres and thereafter, the revenue records are mutated in their favour and subsequently a portion of land was acquired by the National Highways Authority under the National Highways Act and the Sub-Court, Kancheepuram passed an order in LAOP No.123 of 2007 dated 03.10.2008 holding that the Dharma Medical Research and Charitable Trust alone is entitled to the compensation and dismissed the claim made by the (1) Sri Ram Prabhanachar and (2) Dinesh Diwari. Aggrieved by the dismissal of the LAOP.No.123 if 2007, Sri Ram Prabhanachar has filed A.S.No.760 of 2009 and Dinesh Diwari has filed A.S.No.328 of 2010 before this Court and the same are pending and for the very same properties, there are several disputes are pending before the Civil Courts. Sixth respondent lodged FIR against the petitioners and for which the petitioners have files W.P.No.17181 of 2021. Fourth respondent has initiated proceedings under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 on the basis of proceedings fifth respondent. Aggrieved by the same, the present Writ Petition is filed.
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respondent issued notice under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959. However, in the present case, the title dispute itself pending before the Trial Court in which HR & CE Department has no power to issue notice under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 unless the issue of title is decided by the Trial Court. Hence, seeks for suitable relief.
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the fact that the impugned notice is only a show cause notice issued under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 by the third respondent and the petitioners shall canvas the issue before the third respondent, hence, this Court is not inclined to interfere with the impugned order challenged by way of this Writ Petition and the petitioner is directed to file appropriate objection before the third respondent within a period of three weeks from the date
of receipt of copy of this order. Upon receipt of the same, the third respondent is directed to pass appropriate orders in the manner known to law.
Consequently, connected miscellaneous petitions are closed. No costs.
11.09.2024 (3/3)
jai Index: Yes/No Internet:Yes/No Neutral Citation: Yes/No To
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M.DHANDAPANI J.
jai
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W.P.No.28621 of 2011
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1 issue framed by the court
Whether a writ petition can challenge a show cause notice issued under Section 78(2) of the TN HR&CE Act 1959 while the title dispute is pending before the Trial Court.
2 provisions across 2 enactments
Dharma Medical Research and Charitable Trust, rep.by its Trustee
V.Dharmalingam
Mageswari Dharmalingam
The State of Tamil Nadu, rep.by Secretary to the Government, Hindu Religious & Charitable Endowments Department
The Commissioner, Hindu Religious & Charitable Endowments Department
The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Vellore
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
