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1988 Supreme(Mad) 424

MOHAN
The Commissioner of Hindu Religious And Charitable Endowments Department – Appellant
Versus
Mary Isabal – Respondent


JUDGMENT

Mohan, J.

1. These writ appeals raise an important question as to the jurisdiction of this Court under Article 226 of the Constitution of India with regard to the issue of Mandamus. The brief facts, which are necessary, are set out below:

2. The parties are referred to in the manner in which they are arrayed in these writ appeals. The second respondent Aadheenakarthar owns large extent of land in the State of Tamil Nadu scattered over various districts and one such property which forms the subject matter of these writ appeals is survey No. 234/3 and 234/4 (old survey Nos.53 and paimash Nos.307, 308 and 311 to 316). It comprises an extent of 4 acres and 5 cents of wet lands in Adambakkam Village, Saidapet Taluk, Chelgalpattu District. On 27-8-1969, the second respondent entered into an agreement for sale of this land with one M.S. Sabapathy. Under the terms of the agreement the consideration was fixed at Rs. 180 per cent. On this agreement, an application was made to the appellant herein for sanction under Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act,1959 (hereinafter referred to as the Act). The appellant directed the Assistant Commissioner, Kanc



































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