V. Rathinam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A. Nos. 1676, 1678, 1679, 1680, 1681 and of 2025 and C.M.P.Nos.

12635, 12636, 12638, 12625, 12639 and 12643 of 2025 V. Rathinam S/o. Valasubramaniam, having office at No.209, Jawaharal Nehru Road, 100 ft Road, Arumbakkam, S.No.103 AND 104, T.S.No.6/1, 6/2, 6/3, Sri Sakthi Nagar, Chennai 600 106 Appellant in W.A.Nos.1676, 1678, 1682, 1680 and 1681 of 2025 R.Pushparathi W/o.V.Rathinam, No.209, Jawaharal Nehru Road, 100 ft Road, Arumbakkam, S.No.103 AND 104, T.S.No.6/1, 6/2, 6/3, Sri Sakthi Nagar, Chennai 600 106 Appellant in W.A.No.1679 of 2025 Vs

1. The Commissioner Hindu Religious Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34

2.The Joint Commissioner Hindu Religious Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34 3.The Assistant Commissioner Hindu Religious charitable Endowments Department, 119,Uthamar Gandhi Salai, Nungambakkam, Chennai 34 4.The Executive Officer Arulmigu Pidari Uthanatchiamman Mangaleswarar and Bala Vinayagar Temple, Arumbakkam, Chennai 106.

Respondents in all Writ Appeals PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in WP No.24597 of 2018 dated 19.10.2024 and pass such further or other orders as this Honble Court.

WA No. 1678 of 2025 PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in WP No.24596 of 2018 dated 19.10.2024 and pass such further other orders as this Honble Court.

WA No. 1679 of 2025 PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in WP.No.24598 of 2018 dated 19-10-2024. WA No. 1680 of 2025 PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in WP No.24595 of 2018 dated 19.10.2024 and pass such further or other orders as this Honble Court.

WA No. 1681 of 2025 PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in WP No.24600 of 2018 dated 19.10.2024 and pass such further other orders as this Honble Court.

WA No. 1682 of 2025 PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in WP.No.24599 of 2018 dated 19-10-2024. For Appellant(s):

Mr. P.Gunaraj in all Writ Appeals For Respondent(s):

in all Writ Appeals Mr. N.R. Arun Natarajan Special Government Pleader

COMMON JUDGMENT (The Judgment of the Court was delivered by J. NISHA BANU, J.) Since the issue involved in both the writ appeals are one and the same, they are disposed of by this Common Judgment. These Writ Appeals have been filed challenging the Common Order passed in W.P.Nos.24595 to 24600 of 2018, dated 19.10.2024 by this Court.

2. The appellant was inducted as a tenant in respect of the vacant th respondent and permitted the appellant to construct property owned by the 4 buildings and erect superstructure for commercial purposes. The appellant also th respondent constructed superstructure and continued to pay the rent to the 4 without any default. Subsequently, fair rent was fixed by the respondents. According to the appellant, the respondents have fixed exorbitant rent without following the guidelines and G.Os. The appellant did not pay the rent properly. nd respondent/ Joint Commissioner H.R. & C.E. passed the eviction Hence, the 2 order and the said order was also confirmed by the 1st respondent/Commissioner H.R. & C.E. Against the same, the appellant filed the writ petitions. In the said writ petitions, this Court, by way of an interim order, directed the appellant to pay the dues in instalments. Since the appellant did not comply with the conditional order passed by this Court, the writ Court dismissed the writ petitions and directed the respondents to take possession of the subject property.

3. Today, learned Special Government Pleader appearing for the respondents would state that since the conditional order passed by this Court has not been complied with, the Writ Petitions were dismissed and after the dismissal of the writ petitions, as directed by this Court, possession of the subject properties has also been taken by the respondents on 19.10.2024.

4. Since the conditional order passed by this Court in the writ petitions has not been complied with and subsequently, after the dismissal of the writ petitions, the respondents have also taken possession of the subject properties, we are not inclined to entertain the writ appeals. Therefore, the Writ Appeals stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 16-06-2025 ASI To 1.The Commissioner Hindu Religious charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34

2.The Joint Commissioner Hindu Religious Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34 3.The Assistant Commissioner Hindu Religious charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 34 4.The Executive Officer Arulmigu Pidari Uthanatchiamman Mangaleswarar and Bala Vinayagar Temple, Arumbakkam, Chennai 106.

J.NISHA BANU, J.

AND M.JOTHIRAMAN, J.

ASI WA Nos. 1676, 1678, 1679, 1682, 1680 and 1681 of 2025 and C.M.P.Nos. 12635, 12636, 12638, 12625, 12639 and 12643 of 2025 16-06-2025