M.Ramkumar v. the Commissioner

Madras HC20 Feb 2025WP/5878/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.5878 of 2025, decided 20.02.2025 by Justice D.Bharatha Chakravarthy. Mandamus under Article 226 of Constitution of India against HR&CE Commissioner, Assistant Commissioner, Executive Officer (Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, Putlur) and Tahsildar, Tiruvallur. Keywords: settled possession, due process of law, temple property occupation, survey, notice under Sections 79 of the Tamil Nadu HR and CE Act, 1959, Putlur village, Thiruvallur, writ petition disposed of, no costs.

What did the court decide?

Writ petition disposed of by recording the Government Pleader's statement that due notice will be issued under Section 79 of the Tamil Nadu HR and CE Act, 1959 and the petitioner's objections will be heard; no order as to costs. ¶34-35

M.Ramkumar Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P.No.5878 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 20.02.2025

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CORAM :

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.5878 of 2025

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M.RamKumar, S/o.Munirathanam,(Late) Bajanai Kovil Street, Putlur, Ramapuram, Thiruvallur Taluk and District.

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... Petitioner

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/versus/

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The Commissioner, Hindu Religious & Charitable Endowments Department (HR& CE), Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

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2. The Assistant Commissioner,

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HR & CE, Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, C.V.Naidu Salai,

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Thiruvallur Taluk, Thiruvallur District – 602 001.

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3. The Executive Officer,

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HR & CE, Arulmigu Poongavanathamman @ Angala Parameshwari Thirukovil, Putlur, Ramapuram, Thiruvallur Taluk and District - 602023.

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Page 1 of 5

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

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W.P.No.5878 of 2025

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Tahsildar, Tiruvallur,

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Tamil Nadu 602 001.

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... Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the 1^st to 3^rd respondents from interfering with the peaceful possession and enjoyment of the House situated in Survey No 13, Putlur Village, Thiruvallur Taluk except by due process of law.

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For Petitioner : Mr.R.Rajesh Kumar. For Respondents : Mr.S.Ravichandran, Additional Government Pleader RR1 to 3. : Mr.R.Murthi, R4

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O R D E R

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The writ petition is filed for a writ of mandamus, forbearing the respondents 1 to 3 from interfering with the peaceful possession and enjoyment of the house situate in S.No.13 Putlur village, Thiruvallur Taluk except by due process of law.

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2. The said petition can never be resisted because, if the petitioner is

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in settled possession, it is always by following due process of law, the respondents

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Page 2 of 5

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

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W.P.No.5878 of 2025

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can interfere.

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3. When the matter came up for admission, Mr.S.Ravichandran, Learned Additional Government Pleader taking notice on behalf of the respondents 1 to 3 would submit that already survey has been conducted and it is found that the petitioner is in occupation of the Temple's property and due notice will be issued as per the provisions under Sections 79 of the Tamil Nadu HR and CE Act, 1959. The petitioner will be given due opportunity and all his objections will be heard.

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4. Recording the same, the writ petition stands disposed of. There

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shall be no order as to costs.

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20.02.2025

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Neutral Citation : No. bsm To, 1. The Commissioner, Hindu Religious & Charitable Endowments Department (HR& CE), Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

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Page 3 of 5

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

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W.P.No.5878 of 2025

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