W.P.No. 3634 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No. 3634 of 2025 and W.M.P.Nos. 4029, 4032 & 4033 of 2025 1. V.SAKTHIVEL 2. S.ANUSUYA ... Petitioners Vs 1. THE COMMISSIONER HR & CE DEPARTMENT, OFFICER OF THE COMMISSIONER, NO.119, UTHAMAR GANDHI, NUNGAMBAKKAM, CHENNAI- 600 034. 2. THE JOINT COMMISSIONER HR & CE DEPARTMENT, 64/2, NEELA SOUTH STREET, NAGAPATTINAM- 611 001. 3. THE ASSISTANT COMMISSIONER HR & CE DEPARTMENT, NO.2, MAYILADUTHURAI ROAD, THIRUVARUR- 610 001. 4. THE EXECUTIVE OFFICER ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, ALSO EXECUTIVE OFFICER OF ANNATHANA KATTALAI AT ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, THIRUVARUR- 610 001. Page No.1/5 https://www.mhc.tn.gov.in/judis W.P.No. 3634 of 2025 5. VELAKKURICHI AADHINA THIRUMADAM, HEREDITARY TRUSTEE OF ANNATHANA KATTALAI ATTACHED TO ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL-THIRUVARUR, THIRUPUGALUR, NAGAPATTINAM- 609 704. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the second respondent impugned notice in M.P.No. 732/2024/C.2 dated 04.12.2024 and quash the same as illegal. For Petitioner : Mr.T.R.Sathiya Mohan M/s. SVV Law Firm For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For R5 : Mr.A.R.Nixon ORDER This writ petition is filed with a prayer to call for the records on the file of the second respondent with reference to the impugned notice in M.P.No.732/2024/C2 dated 04.12.2024 and to quash the same. 2. On perusal of the impugned notice, it is in the nature of a showcause notice issued in exercise of the Power under Section 78(2) of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959. Page No.2/5 https://www.mhc.tn.gov.in/judis W.P.No. 3634 of 2025 3. The learned counsel appearing on behalf of the petitioners would submit that this property is a Kattalai under the Anathinam and therefore without consultation, the fourth respondent does not have jurisdiction to issue the showcause notice. Therefore, they have challenged the showcause notice. 4. Be that as it may, when the contentions on behalf of the petitioners are based on factual matters, the said facts can also be raised in their reply and it is for the respondents to consider the same in accordance with law. 5. When only a show cause is issued, it is for the petitioners to submit their reply. Keeping open all the contentions of the petitioners to be raised before the authority pursuant to the showcause notice, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 03.02.2025 Neutral Citation: Yes/No nsl 1. THE COMMISSIONER HR & CE DEPARTMENT, OFFICER OF THE COMMISSIONER, Page No.3/5 https://www.mhc.tn.gov.in/judis W.P.No. 3634 of 2025 NO.119, UTHAMAR GANDHI, NUNGAMBAKKAM, CHENNAI- 600 034. 2. THE JOINT COMMISSIONER HR & CE DEPARTMENT, 64/2, NEELA SOUTH STREET, NAGAPATTINAM- 611 001. 3. THE ASSISTANT COMMISSIONER HR & CE DEPARTMENT, NO.2, MAYILADUTHURAI ROAD, THIRUVARUR- 610 001. 4. THE EXECUTIVE OFFICER ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, ALSO EXECUTIVE OFFICER OF ANNATHANA KATTALAI AT ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL, THIRUVARUR- 610 001. 5. VELAKKURICHI AADHINA THIRUMADAM, HEREDITARY TRUSTEE OF ANNATHANA KATTALAI ATTACHED TO ARULMIGU THIYAGARAJA SWAMY THIRUKOVIL-THIRUVARUR, THIRUPUGALUR, NAGAPATTINAM- 609 704. D.BHARATHA CHAKRAVARTHY, J. nsl Page No.4/5 https://www.mhc.tn.gov.in/judis W.P.No. 3634 of 2025 W.P.No. 3634 of 2025 03.02.2025 Page No.5/5 https://www.mhc.tn.gov.in/judis