Disposed

Sri Sabhareesan Siddhashramam Trust v. The Commissioner

Madras HC28 Jan 2025WP(MD)/2410/2025

Case brief

AI extract

What is this about?

A trust challenged an HR&CE Commissioner's revision order and a temple executive officer's lock-and-seal of its shop premises. Following the Court's earlier batch order dated 22.01.2025, identical relief was extended: liberty to approach the civil court under Section 79(2) with interim protection.

What did the court decide?

Liberty to approach the civil court under Section 79(2); no action by respondents till 10.03.2025; connected miscellaneous petitions closed.

Sri Sabhareesan Siddhashramam Trust Vs The Commissioner — Property and Title | Madras HC (2025)

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W.P.(MD) No.2410 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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W.P.(MD) No.2410 of 2025 and

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W.M.P.(MD) Nos.1696, 1697 and 1699 of 2025

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Sri Sabhareesan Siddhashramam Trust, rep by its Founder and Managing Trustee, Bramhashri Dr.Karuvai Pon.Panduranga Swami

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... Petitioner

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/vs./

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1.The Commissioner,

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Hindu Religious and Charitable Endowment Department, 119, 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 Endowment Department, Tiruppur Division, Cotton Market, Palladam Road, Tiruppur.

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3.The District Revenue Officer, Karur District, Karur.

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1/6

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

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4.The Executive Officer, Arulmigu Balasubramaniya Samy Temple, Vennaimalai, Karur Taluk and District.

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W.P.(MD) No.2410 of 2025

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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 Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in his proceedings in R.P.No. 493 of 2024 dated 19.12.2024 and consequently lock and seal order in respect of property in S.F.Nos. 241/1 and 242 dated Nil passed by the 4th respondent and quash the same as illegal and ultra-vires and consequently direct the 4th respondent to de-seal the shop premises in respect of the property in S.F.Nos. 241/1 and 242 situated at Sri Sabhareesan Siddhashramam Trust, Kathapparai Village, Manmangalam Taluk, Karur District.

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For Petitioner : Mr.K.Hemakarthikeyan For R1 to R3 : Mr.P.Subbaraj Special Government Pleader

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For R4 : Mr.P.Athimoola Pandian

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ORDER

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The writ petition has been filed challenging the order passed by the first respondent in R.P.No.493 of 2024 dated 19.12.2024 and for the consequential direction to the fourth respondent to de-seal the shop premises in respect of the

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

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W.P.(MD) No.2410 of 2025

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property in S.F.Nos.241/1 and 242 situated at Sri Sabhareesan Siddhashramam

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Trust, Kathapparai Village, Manmangalam Taluk, Karur District.

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Heard Mr.K.Hemakarthikeyan, learned counsel for the petitioner,

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Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 to 3 and Mr.P.Athimoola Pandian, learned counsel for the fourth respondent.

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This Court, vide order dated 22.01.2025, had disposed of the similar writ petitions in W.P.(MD) Nos.25821 of 2024 and batch., with the following directions:-

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“7. In view of the same, all the Writ Petitions stand disposed of

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with liberty to the petitioners therein to approach the appropriate civil Court by exhausting the remedy available under Section 79(2) of the Act on or before 24.02.2025. It is made clear that the respondents shall not initiate any action against the petitioners till 10.03.2025. It is open for the petitioners to seek interim relief in their respective suits. It is further made clear that the competent civil Court shall not be bound by any of the observations made in this order. The

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

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W.P.(MD) No.2410 of 2025

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respondents are at liberty to proceed further against the petitioners if they have not approached the concerned civil Court on or before 24.02.2025.”

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Since the issue is covered, the benefit extended by this Court vide its earlier order dated 22.01.2025 in W.P.(MD) Nos.25821 of 2024 and batch., ( cited supra) may be extended to the petitioner herein.

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In fine, this Writ Petition is disposed of on the above terms. However,

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there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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Index : Yes / No 28.01.2025 Internet : Yes / No mm

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1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Nungambakkam High Road, Chennai 600 034.

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

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W.P.(MD) No.2410 of 2025

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2.The Joint Commissioner,

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Hindu Religious and Charitable Endowment Department, Tiruppur Division, Cotton Market, Palladam Road, Tiruppur.

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3.The District Revenue Officer, Karur District, Karur.

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5/6

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

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W.P.(MD) No.2410 of 2025

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K.KUMARESH BABU, J.

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W.P.(MD) No.2410 of 2025

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28.01.2025

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

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Sri Sabhareesan Siddhashramam Trust v. The Commissioner

Case brief

What is this about?

What did the court decide?

Sri Sabhareesan Siddhashramam Trust v. The Commissioner

Case brief

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What did the court decide?

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