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.1715, 1737 & 1712 of 2025 and C.M.P.Nos.12991, 13004 & 13182 of 2025 V.Rathinam ...Appellant in all the Appeals.
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 the W.As.
Prayer: Writ Appeals filed under Clause 15 of the Letters Patent as against the order dated 19.10.2024 made in W.M.P.Nos.33216 of 2024 in
W.P.No.24596 of 2018, W.M.P.Nos.33207 of 2024 in W.P.No.24599 of 2018 and W.M.P.Nos.33202 of 2024 in W.P.No.24600 of 2018 For Appellant : Mr.P.Gunaraj For Respondents : Mr.Arun Natarajan,Spl.G.P.
COMMON JUDGMENT (The Judgment of the Court was delivered by J.Nisha Banu,J.) These writ appeals have been filed as against the orders dated 19.10.2024 passed in W.M.P.Nos.33216 of 2024 in W.P.No.24596 of 2018, W.M.P.Nos.33207 of 2024 in W.P.No.24599 of 2018 and W.M.P.Nos.33202 of 2024 in W.P.No.24600 of 2018.
2. The appellant was inducted as a tenant in respect of the vacant property owned by the 4th respondent and permitted the appellant to construct buildings and erect superstructure for commercial purposes. The appellant also constructed superstructure and continued to pay the rent to the 4th respondent 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. Hence, the 2nd respondent/ Joint Commissioner HR& CE passed the eviction order and the said order was also confirmed by the 1st respondent/Commissioner HR& CE. 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.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi Speaking order/Non-speaking order J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
vsi 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.
W.A.Nos.1715, 1737 & 1712 of 2025 16.06.2025