WP(MD)No.851 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 19.01.2022

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR

W.P(MD)No.851 of 2022

and

W.M.P.(MD)No.682 of 2022

K.V. Lakshmiammal

...Petitioner

-Vs-

1.The Joint Commissioner,

Hindu Religious and Charitable Endowment,

Sivagangai District,

Sivagangai.

2.The Joint Commissioner,

Hindu Religious and Charitable Endowment,

Madurai District,

Madurai.

3.The Deputy Commissioner/Executive Officer,

Arulmigu Subramaniya Swamy Temple,

Thirupparankundram,

Madurai.

4.The Assistant Commissioner,

Hindu Religious and Charitable Endowment,

Madurai.

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of

India, to issue a Writ of Certiorari, calling for the records

pertaining to the impugned notice passed by the 4^th respondent in Na.

Ka. No.2348/2007-1 Aa-1, dated 05.01.2022 and pass such further or

other orders.

For Petitioner

: Mr.H.Velavadhas

For Respondents

: Mr.T.Amjadkhan,

Government Advocate for R1, R2 & R4

Mr.VR.Shanmuganathan for R3.

O R D E R

A notice 'dated 05.01.2022 bearing reference e.f.vz;.2348/2007-1

M1' issued by the fourth respondent (hereinafter 'impugned notice'

for the sake of brevity, convenience and clarity) has been assailed

in the captioned main writ petition.

2. Captioned matter was moved by way of Lunch Motion.

Mr.H.Velavadhas,

learned

counsel

for

writ

petitioner,

Mr.T.Amjadkhan, learned Government Advocate, who accepted notice on

behalf of respondents 1, 2, 4 and Mr.VR.Shanmuganathan, learned

1/14

https://hcservices.ecourts.gov.in/hcservices/

WP(MD)No.851 of 2022

private counsel, who accepted notice on behalf of the third

respondent (Executive Officer of 'Arulmigu Subramaniya Swamy Temple

situate in Thirupparankundram in Madurai District', which shall

hereinafter be referred to as 'said temple') are before this Court.

3. Owing to the narrow compass on which the captioned matter

turns, the main writ petition was taken up with the consent of all

the aforementioned learned counsel.

4. Short facts shorn of particulars which are not imperative

for appreciating this order are that the subject matter of case on

hand is 'immovable property (land and superstructure) admeasuring

1368 sq. ft or thereabouts situate in Old Survey No.196/14A, New

Survey

No.945/6

in

Thirupparankundram

Maanagar

(khefh;),

Thirupparankumdram, Madurai District' (hereinafter 'said property'

for the sake of convenience and clarity) and removal of writ

petitioner from the same under the 'Tamil Nadu Hindu Religious and

Charitable Endowments Act, 1959 (Tamil Nadu Act No.22 of 1959)'

[hereinafter 'TN HR&CE Act' for the sake of brevity, convenience and

clarity]; that 'Tamil Nadu Hindu Religious and Charitable Endowments

Department' shall hereinafter be referred to as 'TN HR&CE Dept.' for

the sake of convenience and clarity; that proceedings under Section

78(2) of TN HR&CE Act was kick-started nearly one and half decades

ago, to be precise on 14.02.2007 (nearly 15 years ago) by way of a

notice under Section 78(2) of TN HR&CE Act; that the 78(2) notice

dated 14.02.2007 was challenged by the writ petitioner and other

legal heirs of writ petitioner's spouse (Thiru Late K.K.Viswanathan)

vide O.S.No.135 of 2007 originally on the file of Principal Sub

Court, Madurai; that O.S.No.135 of 2007 was transferred from the

file of Principal Sub Court Madurai to Sub Court Tirumangalam and

re-numbered as O.S.No.1 of 2017; that O.S.No.1 of 2017 was dismissed

as not pressed owing to a memo filed by the plaintiffs on

24.11.2021; that in the interregnum a 'show cause notice' ('SCN' for

the sake of brevity) was issued on 19.01.2009 to the writ

petitioner; that this 19.01.2009 SCN was assailed by way of a writ

petition by the writ petitioner in instant case (K.V.Lakshmiammal)

vide W.P.(MD)No.10566 of 2009, the same came to be