Dismissed

Krishnamurthy .S v. The Commissioner

Madras HC1 Apr 2024WP(MD)/8316/2024

Case brief

AI extract

What is this about?

This order, made at the time of admission, scraps a writ petition for non-interference with possession pending a Revision Petition. The Court held there is no scope for entertaining the writ due to the pendency of the revision under the H.R. & C.E. Act. The writ is disposed of without forming opinion on merits while directing disposal of the revision within 90 days.

What did the court decide?

Writ petition disposed of without expressing opinion on merits; First Respondent directed to dispose of Revision Petition R.P.No.376 of 2023 within 90 days. No costs incurred.

Krishnamurthy .S Vs The Commissioner — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD) No.8316 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.04.2024

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CORAM

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) No.8316 of 2024

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and

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W.M.P.(MD) No.7528 of 2024

S.Krishnamurthy

... Petitioner

Vs.

1.The Commissioner,

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Hindu Religious and Charitable Endowments Department,

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Nungambakkam High Road,

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Chennai – 600 034.

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2.The Joint Commissioner,

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Hindu Religious and Charitable Endowments Department,

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Theni.

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3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,

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Theni.

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4.The Fit Person,

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Arulmigu Kamatchiamman Thirukovil, Thenkarai, Periyakulam Taluk, Theni District. ... Respondents

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https://www.mhc.tn.gov.in/judis ____________ Page No. 1 of 5_

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W.P.(MD) No.8316 of 2024

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Prayer: Writ Petition filed under Article 226 of Constitution of India for

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Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus forbearing the respondents in any manner from interfering with the peaceful possession and enjoyment of the petitioner's building in respect of Sri Lakshmi Plywoods and Hardware situate in S.No.2348 bearing Door No.2-4-1, Vaigai Dam Road, Near State Bank, Thenkarai, Periyakulam, Theni District pending disposal of the Revision Petition in R.P.No.376 of 2023 on the file of the first respondent herein.

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For Petitioner : Mr.S.Sundaravadivel For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 : Mr.V.Chandrasekar Standing Counsel

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O R D E R

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The petitioner has filed this Writ Petition for issuance of a Writ of

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Mandamus forbearing the respondents in any manner from interfering with the peaceful possession and enjoyment of the petitioner's building in respect of Sri Lakshmi Plywoods and Hardware situated in S.No.2348 bearing Door No.2-4-1, Vaigai Dam Road, Near State Bank, Thenkarai, Periyakulam, Theni District pending disposal of the Revision Petition in

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R.P.No.376 of 2023 on the file of the first respondent.

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https://www.mhc.tn.gov.in/judis ____________ Page No. 2 of 5_

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W.P.(MD) No.8316 of 2024

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Mr.P.Subbaraj, learned Special Government Pleader, takes

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notice for the first to third respondents and Mr.V.Chandrasekar, learned Standing Counsel, takes notice for the fourth respondent. With their consent, this case is taken up for final disposal, at the time of admission.

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This Writ Petition has been filed during the pendency of the Revision Petition in R.P.No.376 of 2023 filed by the petitioner under Section 21 of the H.R. & C.E. Act, 1959 before the first respondent. As such, there is no scope for entertaining this Writ Petition for the relief sought for.

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Considering the same, this Writ Petition is disposed of, without expressing any opinion on merits, by directing the first respondent to dispose of the petitioner's Revision Petition in R.P.No.376 of 2023, within a period of 90 days from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

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01.04.2024

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Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order JEN

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https://www.mhc.tn.gov.in/judis ____________ Page No. 3 of 5_

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W.P.(MD) No.8316 of 2024

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Copy To:

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1.The Commissioner,

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Hindu Religious and Charitable Endowments Department, Nungambakkam High Road,

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Chennai – 600 034.

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2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Theni.

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3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Theni.

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4.The Fit Person, Arulmigu Kamatchiamman Thirukovil, Thenkarai, Periyakulam Taluk, Theni District.

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https://www.mhc.tn.gov.in/judis ____________ Page No. 4 of 5_

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W.P.(MD) No.8316 of 2024

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C.SARAVANAN, J.

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JEN

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W.P.(MD) No.8316 of 2024 and W.M.P.(MD) No.7528 of 2024

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01.04.2024

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https://www.mhc.tn.gov.in/judis ____________ Page No. 5 of 5_

Krishnamurthy .S v. The Commissioner

Case brief

What is this about?

What did the court decide?

Krishnamurthy .S v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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