Dismissed¶38

V.Sakthivel v. the Commissioner

Madras HC3 Feb 2025WP/3634/2025

Case brief

AI extract

What is this about?

Writ petition dismissed; writ of certiorari; show cause notice quashing sought; Section 78(2) Tamilnadu Hindu Religious and Charitable Endowments Act, 1959; HR & CE Commissioner, Joint Commissioner Nagapattinam, Assistant Commissioner Thiruvarur; Executive Officer Arulmigu Thiyagaraja Swamy Thirukovil; Annathana Kattalai; Velakkurichi Aadhinam hereditary trustee; Kattalai under Anathinam; jurisdiction without consultation; reply to show cause notice; contentions kept open; Article 226 Constitution of India; W.P.No. 3634 of 2025; W.M.P.Nos. 4029, 4032 & 4033 of 2025; notice M.P.No.732/2024/C2 dated 04.12.2024.

What did the court decide?

None; all contentions of the petitioners kept open to be raised before the authority pursuant to the show cause notice; connected miscellaneous petitions closed; no costs. ¶38

V.Sakthivel Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None; all contentions of the petitioners kept open to be raised before the authority pursuant to the show cause notice; connected miscellaneous petitions closed; no costs.

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Issue for consideration

Whether the show cause notice dated 04.12.2024 issued by the second respondent under Section 78(2) of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 ought to be quashed, given the petitioners' contention that the property is a Kattalai under the Anathinam and the fourth respondent lacked jurisdiction to issue the notice without consultation.

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Court's answer

Where the petitioners' contentions are based on factual matters, those facts can be raised in their reply to the show cause notice, and it is for the respondents to consider the same in accordance with law.

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Ratio / Principle

Since only a show cause notice was issued, the petitioners were to submit their reply; keeping open all their contentions to be raised before the authority pursuant to the show cause notice, the writ petition stands dismissed, with the connected miscellaneous petitions closed and no costs.

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Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) dismissed a writ petition filed under Article 226 of the Constitution seeking a writ of certiorari to quash a show cause notice in M.P.No.732/2024/C2 dated 04.12.2024, issued by the Joint Commissioner, HR & CE Department (second respondent) in exercise of power under Section 78(2) of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959, concerning the Annathana Kattalai attached to Arulmigu Thiyagaraja Swamy Thirukovil, Thiruvarur. The petitioners contended that the property is a Kattalai under the Anathinam and that the fourth respondent had no jurisdiction to issue the notice without consultation. Holding that these contentions rest on factual matters that can be raised in the petitioners' reply for consideration by the respondents in accordance with law, and that only a show cause having been issued, the Court dismissed the writ petition keeping all contentions open before the authority; connected miscellaneous petitions (W.M.P.Nos. 4029, 4032 & 4033 of 2025) were closed, with no costs.

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W.P.No. 3634 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No. 3634 of 2025

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and

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W.M.P.Nos. 4029, 4032 & 4033 of 2025

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V.SAKTHIVEL

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S.ANUSUYA ... Petitioners

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THE COMMISSIONER HR & CE DEPARTMENT, OFFICER OF THE COMMISSIONER, NO.119, UTHAMAR GANDHI, NUNGAMBAKKAM, CHENNAI- 600 034.

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THE JOINT COMMISSIONER HR & CE DEPARTMENT, 64/2, NEELA SOUTH STREET, NAGAPATTINAM- 611 001.

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THE ASSISTANT COMMISSIONER HR & CE DEPARTMENT, NO.2, MAYILADUTHURAI ROAD, THIRUVARUR- 610 001.

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THE EXECUTIVE OFFICER ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, ALSO EXECUTIVE OFFICER OF ANNATHANA KATTALAI AT ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, THIRUVARUR- 610 001.

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Page No.1/5

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

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W.P.No. 3634 of 2025

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VELAKKURICHI AADHINA THIRUMADAM, HEREDITARY TRUSTEE OF ANNATHANA KATTALAI

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ATTACHED TO

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ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL-THIRUVARUR, THIRUPUGALUR, NAGAPATTINAM- 609 704.

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Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the second respondent impugned notice in M.P.No. 732/2024/C.2 dated 04.12.2024 and quash the same as illegal.

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For Petitioner : Mr.T.R.Sathiya Mohan M/s. SVV Law Firm For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For R5 : Mr.A.R.Nixon

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ORDER

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This writ petition is filed with a prayer to call for the records on the file

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of the second respondent with reference to the impugned notice in M.P.No.732/2024/C2 dated 04.12.2024 and to quash the same.

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On perusal of the impugned notice, it is in the nature of a showcause

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notice issued in exercise of the Power under Section 78(2) of the Tamilnadu

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Hindu Religious and Charitable Endowments Act, 1959.

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Page No.2/5

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

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W.P.No. 3634 of 2025

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The learned counsel appearing on behalf of the petitioners would

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submit that this property is a Kattalai under the Anathinam and therefore without consultation, the fourth respondent does not have jurisdiction to issue the showcause notice. Therefore, they have challenged the showcause notice.

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Be that as it may, when the contentions on behalf of the petitioners

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are based on factual matters, the said facts can also be raised in their reply and it is for the respondents to consider the same in accordance with law.

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When only a show cause is issued, it is for the petitioners to submit their reply. Keeping open all the contentions of the petitioners to be raised before the authority pursuant to the showcause notice, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

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03.02.2025

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Neutral Citation: Yes/No nsl

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THE COMMISSIONER HR & CE DEPARTMENT, OFFICER OF THE COMMISSIONER,

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Page No.3/5

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

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W.P.No. 3634 of 2025

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NO.119, UTHAMAR GANDHI, NUNGAMBAKKAM, CHENNAI- 600 034.

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THE JOINT COMMISSIONER HR & CE DEPARTMENT, 64/2, NEELA SOUTH STREET, NAGAPATTINAM- 611 001.

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THE ASSISTANT COMMISSIONER HR & CE DEPARTMENT, NO.2, MAYILADUTHURAI ROAD, THIRUVARUR- 610 001.

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THE EXECUTIVE OFFICER ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, ALSO EXECUTIVE OFFICER OF ANNATHANA KATTALAI AT ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, THIRUVARUR- 610 001.

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