V.Ananda Mudaliar Vs. the Secretary to Government, and ors. - Court Judgment

Excerpt:
  [ r.sudhakar, j.] - hindu religious and charitable  endowments act, 1959 - section 78 -- writ petition is filed praying to issue a writ of certiorari, call for the records and quash the proceedings of the third respondent in his villupuram mandalam arivippu enn 85/08/e2/dated 06.01.2010 signed on 1.2.2012. similarly placed persons challenged the notice issued under section 78 of the act and was dismissed by this court in w.p.no.13906 of 2008 etc. batch on 25.8.2009.  the questions raised in these writ petitions cannot be dealt with by this court.  the issue raised in the present writ petition is on the same line and i am in respectful agreement with the decision rendered by the learned single judge in the earlier writ petitions as above.  accordingly, granting liberty as in the earlier writ petitions, the writ petition stands dismissed with the above observation.   writ petition is filed under article 226 of the constitution of india praying to issue  a writ of certiorari, call for the records and quash the proceedings of the third respondent in his villupuram mandalam arivippu enn 85/08/e2/dated 06.01.2010 signed on 1.2.2012.r.sudhakar, j.order1. writ petition is filed praying to issue a writ of certiorari, call for the records and quash the proceedings of the third respondent in his villupuram mandalam arivippu enn 85/08/e2/dated 06.01.2010 signed on 1.2.2012.2.  heard mrs.manjula baskar, learned counsel for the petitioner, mr.s.kandasamy, learned special government pleader for the respondents 1 to 3 and mr.k.chandrasekaran,  learned counsel for the fourth respondent.3. the encroachment notice issued under section 78 of the hindu religious and charitable  endowments act, 1959, is under challenge.  similarly placed persons challenged the notice issued under section 78 of the act and was dismissed by this court in w.p.no.13906 of 2008 etc. batch on 25.8.2009.  the relevant portion reads as follows:-3. the questions raised in these writ petitions cannot be dealt with by this court.  the constitutional validity of section 78, 79(3) and 109 of the tamil nadu h.r. & c.e. act, 1959, as amended by act 28 of 2003 was challenged in a batch of cases before this court.  this court by a judgment dated 28.10.2008 in adivaram varthagargal sangam, palani represented by its secretary vs. state of tamil nadu reported in 2009(1) tncj 319 madras upheld the validity of the legislation.4. in the said judgment, it was held that in respect of the encroachers, the power of the joint commissioner to deal with the explanation given by the encroachers and to pass appropriate orders was also upheld.  in case of owners of the property, the court also  held that the remedy by way of suit was held to be intact.  therefore, persons who claim title to the property can move the civil courts.  with reference to the superstructure in case of removal, the act provides for compensation failing which the tribunal can order for enhancement of compensation.5. in such circumstances, the entertainment of the writ petitions that too at a show cause notice stage is impermissible.  therefore, the entire writ petitions stand dismissed. 6. it is open to the petitioners to make appropriate representation and convince the authorities about the illegality or otherwise of the impugned notices.  since the act provides for self contained remedy and that the provisions of the act were also upheld by this court, the writ petitions are dismissed.  no costs.4.  the issue raised in the present writ petition is on the same line and i am in respectful agreement with the decision rendered by the learned single judge in the earlier writ petitions as above.  accordingly, granting liberty as in the earlier writ petitions,  the writ petition stands dismissed with the above observation.   no costs.