Disposed

Jothibasu.K v. The Commissioner

Madras HC5 Apr 2024WP(MD)/3831/2023

Case brief

AI extract

What is this about?

A temple poosari sought action against persons allegedly selling temple properties. The court disposed of the writ petition by directing HR&CE officials to consider his representations after notice to all stakeholders within 60 days.

What did the court decide?

Respondents 1 and 2 directed to consider and pass appropriate orders on petitioner's representations after hearing all concerned, preferably within 60 days; no costs.

Jothibasu.K Vs The Commissioner — Property and Title | Madras HC (2024)

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W.P.(MD) No.3831 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.04.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) No.3831 of 2023 and W.M.P.(MD) No.3614 of 2023

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K.Jothibasu ... Petitioner

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/vs./

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1.The Commissioner,

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T.N. Hindu Religious Charitable and Endowments Department, Nungambakkam Road,

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Chennai.

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2.The Joint Commissioner,

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T.N. Hindu Religious Charitable and Endowments Department, West Avani Moola Street,

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Madurai 625 001.

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3.The Tahsildar, Madurai West Taluk, Madurai District.

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4.The Sub Registrar, Office of the Sub Registrar, Thirupparankundram Sub Registration Office, Madurai District.

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1/6

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

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W.P.(MD) No.3831 of 2023

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5.P.Mayandi

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6.P.Rajamani

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7.S.Nagaraj

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8.V.Paramasamy

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9.K.Chinnakannu Thevar

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10.G.Ananthan

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11.Arulmigu Madanagopalaswamy Temple, Madurai, through its Executive Officer, Mela Masi Street, Madurai 625 001.

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(R10 and R11 have been impleaded vide Court order dated 23.02.2024)

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 2 to take action against the respondents 5 to 9 who are selling the temple properties in favour of third parties by considering petitioner representation dated 09.12.2021 and 19.01.2023 within the time stipulated by this Court.

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For Petitioner : Mr.C.Gangai Amaran

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For R1 to R4 : Mr.P.Subbaraj Special Government Pleader

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For R5 & R7 : Mr.S.Poorna Chandran

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2/6

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

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For R6, R8 & R9 : Died

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W.P.(MD) No.3831 of 2023

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For R10 : Mr.V.S.Kishok Kumar For R11 : Mr.S.Manohar

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ORDER

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The petitioner has filed this Writ Petition for a Mandamus to direct the

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respondents 1 and 2 to take action against the respondents 5 to 9, who sold the temple properties to third parties, by considering the petitioner's representations dated 09.12.2021 and 19.01.2023.

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2.The petitioner claims to be a poosari of the 11^th respondent temple. According to the petitioner, the private respondents 5 to 10 have wrongly occupied the properties of the 11^th respondent temple. Hence, the petitioner has sent representations dated 09.12.2021 and 19.01.2023 to the respondents 1 and 2 to take action against them. Some of the private respondents, who have been subsequently impleaded before this Court, would submit that they are the owners of the property and have a decree of civil in their favour. These are the matters, which can be looked into by the respondents 1 and 2.

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

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W.P.(MD) No.3831 of 2023

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3.It is informed by the learned counsel for the 10^th respondent, who is the subsequent purchaser of the property, that the respondents 6, 8 and 9 have already died even before the filing of the writ petition.

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4.Considering the same, the Writ Petition is disposed of by directing the respondents 1 and 2 to consider and pass appropriate orders on the aforesaid representations of the petitioner after hearing the petitioner, after due notice to the private respondents as also the 11^th respondent temple and the legal heirs of the respondents 6, 8 and 9. This exercise may be carried out by the respondents 1 and 2 as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

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Index : Yes / No Internet : Yes / No mm

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05.04.2024

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

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W.P.(MD) No.3831 of 2023

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1.The Commissioner, T.N. Hindu Religious Charitable and Endowments Department, Nungambakkam Road, Chennai.

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2.The Joint Commissioner, T.N. Hindu Religious Charitable and Endowments Department, West Avani Moola Street,

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Madurai 625 001.

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3.The Tahsildar, Madurai West Taluk, Madurai District.

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4.The Sub Registrar, Office of the Sub Registrar, Thirupparankundram Sub Registration Office, Madurai District.

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

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W.P.(MD) No.3831 of 2023

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C.SARAVANAN, J.

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W.P.(MD) No.3831 of 2023

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05.04.2024

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

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Jothibasu.K v. The Commissioner

Case brief

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Jothibasu.K v. The Commissioner

Case brief

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