Aysha Banu vs Commissioner, Hindu Religious and Charitable Endowments Administration Department, Uthama Gandhi Road, Nungambakkam, Chennai-34

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 1215

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.PARTHIBAN, J.
Aysha Banu and Ors - Appellant
Versus
The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Uthama Gandhi Road, Nungambakkam, Chennai-34 and Ors - Respondent
W.P.Nos.11192, 11194, 11195, 11197, 11201, 11205, 11207, 11209, 11216, 11218, 11219 of 2021 and W.M.P.Nos.11839, 11841, 11845, 11846, 11851, 11852, 11853, 11857, 11865, 11868, 11871 of 2021
Decided On : 04-06-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr.G.Mohammed Aseef
For the Respondent: Mr.Sajeev Kumar, Spl. G.P

Headnote:
HR & CE Act, 1959 - Sections 78, 79 - Constitution of India, 1950 - Article 226 - Encroachment of schedule property - Instead of responding to the proceedings, these petitioners have directly approached this Court by invoking the extraordinary remedy under Article 226 of the Constitution of India - Held, These petitioners have an ample opportunity to convince authority by duly responding to the notice. But, it is certainly not open to them to rush to this Court at this stage by filing the present writ petitions - Writ petitions dismissed

ORDER :

1. The petitioners have filed these writ petitions seeking the above mentioned prayers.

2. what is challenged in these writ petitions is the proceedings issued under Sections 78, 79 of HR & CE Act, 1959. Instead of responding to the proceedings, these petitioners have directly approached this Court by invoking the extraordinary remedy under Article 226 of the Constitution of India. The petitioners can always represent to the authority concerned in response to the impugned proceedings and convince the authority that their occupation of the respective premises is not an encroachment. These petitioners have an ample opportunity to convince the authority by duly responding to the notice. But, it is certainly not open to them to rush to this Court at this stage by filing the present writ petitions.

3. Therefore, these writ petitions are premature and cannot be entertained at this stage. Accordingly, these writ petitions stand dismissed at the admission stage itself. No costs. Consequently, connected miscellaneous petitions are closed.

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