S.MUTHURAJAN Vs. THE COMMISSIONER

JUDGEMENT

(1.) ORDER 1. By the consent of the Counsel on either side, the main writ petition itself is taken up for disposal.

(2.) The writ petitioner's family is in possession of the property comprised in S.No.124/11, Chintamani Village, Madurai South Taluk, Madurai District. It measures an extent of 0.26 cents. The writ petitioner suffered an order of eviction under Section 78 of the Tamil Nadu Hindu Religious & Charitable Endowments Act , 1959, at the hands of the Joint Commissioner, Hindu Religious & Charitable Endowments Department, Madurai, in M.P.No.123 of 2017, on 23.05.2018. Challenging the said order, the petitioner has fileda revision petition before the Commissioner, Hindu Religious & Charitable Endowments Department, Chennai, under Section 21 of the Tamil Nadu Hindu Religious & Charitable Endowments Act , 1959 and it is still pending. In the meanwhile, the Temple authorities issued a notice under Section 79 of the Hindu Religious & Charitable Endowments Act , 1959, which necessitated the institution of W.P.(MD)No.18985 of 2018 before this Court. This Court, by order dated 31.08.2018, disposed of the writ petition by recording the undertaking of the respondents that the order dated 18.07.2018 shall be kept in abeyance, till the revision petition is disposed of. A direction was also given for the disposal of the revision petition itself. But then, the revision petition could not be disposed of because of the transfer of the incumbent official.

(3.) The issue that now arises for the consideration of this Court is whether the petitioner is entitled to perform what is known as 'Kathir Aruppu Mandagapadi' in the disputed property.