P.N.Srinivasan vs The Joint Commissioner on 8 February, 2007

       

  

  

 
 
           In the High Court of Judicature at Madras

                     Dated:  08.02.2007

                           Coram:

           The Honourable Mr.Justice P.SATHASIVAM
                             and
       The Honourable Mr.Justice N. PAUL VASANTHAKUMAR
                              

                 Writ Appeal No.3020 of 2002
                              
                              

P.N.Srinivasan                               .. Appellant


                         Vs..


1.The Joint Commissioner,
   Hindu Religious and Charitable
   Endowments Department,
   Kancheepuram.

2.The Assistant Commissioner,
   Hindu Religious and Charitable
   Endowments Department,
   Kancheepuram.

3.The Executive Officer,
   Arulmigu Ekambaranathar
   Thirukovil, Chengalpattu.                   ..Respondents



     Writ Appeal filed under Clause 15 of the Letters Patent
Appeal  against  the  order passed in W.P.No.32223  of  2002
dated 07.08.2002.

          For Appellant       : Mr.Pon Ramkumar for
                                Mrs.AL.Ganthimathi

          For respondents     : Mr.P.Subramanian,
          1 & 2                 Government Advocate

          For 3rd respondent : Mr.T.Thirumaran
                              


                          JUDGMENT

(Judgment of the Court was delivered by P.SATHASIVAM,J.)

The above writ appeal is directed against the order

dated 07.08.2002 made in W.P.No.32223 of 2002, in and by

which, the learned single Judge has dismissed the writ

petition at the admission stage, with liberty to file a

revision or regular civil suit.

2.. Heard the learned counsel appearing for the

appellant as well as the respondents.

3. On going through the relief prayed for and the

proceedings of the first respondent dated 22.07.2002 as well

as the order of the learned single Judge dated 07.08.2002,

we are of the view that absolutely there is no ground to

interfere with the said order. The learned single judge,

after finding that the impugned proceedings cannot be

canvassed by way of writ proceedings, has permitted the

writ petitioner either to file a revision or a civil suit

before the appropriate forum. Unfortunately, the writ

petitioner, instead of availing such remedy, has filed the

above writ appeal and obtained an order of stay.

4. In view of the grievance expressed by the third

respondent, which is clear from the counter affidavit

dated 03.02.2004, we are not inclined to show any further

indulgence in favour of the appellant. Consequently, the

writ appeal fails and the same is dismissed. However it is

for the appellant to work out his remedy as per the order of

the learned single Judge dated 07.08.2002, if the same is

permissible at this juncture. No costs.

raa

To

1.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Kancheepuram.

2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Kancheepuram.

3.The Executive Officer,
Arulmigu Ekambaranathar
Thirukovil, Chengalpattu.