ORDER :

(Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to the impugned proceedings in Na.Ka.No.2569/2021/A2, dated 04.10.2021 issued by the first respondent and quash the same as illegal.

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to the impugned proceedings in Na.Ka.No.A4/3242/2021, dated 20.10.2021 issued by the first respondent and quash the same as illegal.)

1. 'Arulmigu Kottai Mariamman Temple and Kaali Amman Temple situate at Neithalour South Village, Kulithalai Taluk, Karur District' (hereafter 'said Temple' collectively for the sake of convenience and clarity) and administration of the same is the central theme in captioned two main writ petitions.

2. In this common order, for the sake of convenience and clarity, 'W.P(MD).No.21081 of 2021' shall be referred to as 'senior W.P' and 'W.P(MD).No.21082 of 2021' shall be referred to as 'junior W.P'.

3. In senior W.P a notice dated 04.10.2021 bearing reference Na.Ka.No.2569/2021/A2 issued by the Assistant Commissioner of 'Tamil Nadu Hindu Religious & Charitable Endowments Department' (hereinafter referred to as 'TNHR&CE Dept' for the sake of convenience and clarity) has been assailed. This notice has been issued by 'the Assistant Commissioner- TNHR&CE Dept, Karur' (first respondent in senior W.P and hereinafter 'jurisdictional AC-TNHR&CE Dept' for the sake of convenience and clarity). In the junior W.P proceedings of 'Revenue Tahsildar, Kulithalai Taluk, Karur District' (first respondent in junior W.P and hereinafter 'jurisdictional Revenue Tahsildar' for the sake of convenience and clarity) has been called in question. This proceedings is dated 20.10.2021 bearing reference Na.Ka.No.A4/3242/2021.

4. The notice dated 04.10.2021 issued by the jurisdictional ACTNHR& CE Dept is in the nature of a show cause notice and therefore, the same shall be referred to as 'impugned SCN'. The 20.10.2021 record of proceedings of jurisdictional Revenue Tahsildar which has been assailed in junior W.P is in the nature of proceedings and therefore, the same shall be referred to as 'impugned proceedings'.

5. Mr.VR.Shanmuganathan, learned counsel for writ petitioner in both the captioned main writ petitions notwithstanding very many averments in the writ affidavit and notwithstanding several grounds set out in the writ affidavit assails the impugned SCN and impugned proceedings primarily on two grounds and they are as follows:

(a) The jurisdictional Revenue Tahsildar has no jurisdiction qua said Temple;

(b) The writ petitioner is in administration of said Temple but he has not been given audience by jurisdictional AC-TNHR&CE Dept (he went before AC-TNHR&CE Dept though he was not arrayed as a noticee in impugned SCN) and he has also not been called by the jurisdictional Revenue Tahsildar in making the impugned proceedings.

6. Mr.A.Baskaran, learned Additional Government Pleader accepts notice on behalf of respondents 1 and 2 (official respondent) in senior W.P and first respondent in junior W.P. To be noted, respondent No.3 in senior W.P and respondent Nos.2 and 3 in junior W.P are private respondents. It is also to be noted that respondent No.3 in senior and junior W.P is the same person. Captioned writ petitions can be disposed of by making a common order which is not adverse to these private respondents and also by providing adequate and ample safety valve qua these private respondents. Therefore, with the consent of learned counsel on both sides, main writ petitions were taken up and heard out.

7. Learned counsel for writ petitioner furthering his submissions, submitted that the complaint from third respondent in senior W.P pertains to said Temple administration whereas the complaint from second respondent in junior W.P pertains to certain alleged encroachments in the properties of said Temple. The jurisdictional Rev