Eviction order under Section 78 of the Tamil Nadu HR & CE Act was challenged by writ petition. The court noted the petitioner had not availed the alternative remedy of revision before the Commissioner HR & CE nor complied with a conditional deposit order, and dismissed the writ petition on grounds of available alternative remedies.
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W.P.No.3878 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.3878 of 2020 and WMP.No.4595 of 2020
Vadivel Murugan ...Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records of the proceedings in M.P.No.215 of 2017 dated 16.12.2019 on the file of the first respondent and quash the same as illegal, against procedure established by law
and direct the first respondent to afford an opportunity to the petitioner and pass orders in accordance to law.
W.P.No.3878 of 2020
For Petitioner : Mr.S.Aravind Raj for M.Nalla Thambi For R1 & R2 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For R3 : Mr.M.Karthikeyan
O R D E R
Challenging the order passed by the first respondent evicting the petitioner under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowment Act 1955 treating the petitioner as an encroacher, he has come with this writ petition.
2/5
W.P.No.3878 of 2020
is also not complied with.
04.11.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av
W.P.No.3878 of 2020
S. SOUNTHAR, J.
av
To
W.P No.3878 of 2020
W.P.No.3878 of 2020
04.11.2024
1 issue framed by the court
Whether the writ petition is maintainable when the petitioner has an alternative remedy of revision before the Commissioner, HR & CE against an eviction order under Section 78 of the TN HR & CE Act.
2 provisions across 2 enactments
Vadivel Murugan
The Joint Commissioner, Hindu Religious and Charitable Endowment Department
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department
The Executive Officer, Arulmigu Thiruvallisvar Thirukovil, Padi
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
