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2022 Supreme(Mad) 2848

M. NIRMAL KUMAR
S. Vallamuthu – Appellant
Versus
Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai – Respondent


Advocates appeared:
For the Petitioner:T.R. Jeyapalam, Advocate. For the Respondents: R1 & R2, M. Lingadurai, Special Government Pleader, R3, S. Manohar, Standing Counsel.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for records relating to the impugned order, dated 12.05.2017 passed by the first respondent in Miscellaneous Petition No.46 of 2017 and quash the same.)

1. The petitioner is a sub-tenant under one Ramakrishnan, who is a tenant under the third respondent. The said Ramakrishnan entered into an agreement with the petitioner on 15.04.2009, by which petitioner was given possession of the property in lieu of interest free deposit of Rs.2,00,000/-. The third respondent sent a notice on 25.11.2012 to Ramakrishnan, who is no more by then. The petitioner met the third respondent several times with request to make him direct lessee on payment of market rent. The first respondent issued a notice, dated 26.12.2012 to the deceased Ramakrishnan under Section 78 (2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Thereafter, the petitioner filed O.S.No.1186 of 2012 before the Additional District Munsif Court, Madurai and obtained decree of permanent injunction, dated 05.01.2015 restraining the third respondent from interfering with the

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