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.No.1754 of 2025 and C.M.P.Nos.13427 of 2025

1. V.Rathinam

2. R.Pushparathi ...Appellants 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 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent as against

the order dated 19.10.2024 made in W.M.P.No.33223 of 2024 in W.P.No.24595 of 2018.

For Appellants : Mr.P.Gunaraj For Respondents : Mr.N.R.Arun Natarajan,Spl.G.P.

JUDGMENT

(The Judgment of the Court was delivered by J.Nisha Banu,J.) This writ appeal has been filed as against the order dated 19.10.2024 passed in W.M.P.No.33223 of 2024 in W.P.No.24595 of 2018.

2. The appellants were inducted as tenants in respect of the vacant property owned by the 4th respondent and permitted the appellants to construct buildings and erect superstructure for commercial purposes. The appellants 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 appellants, 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 appellants filed a writ petition. In the said writ petition, this Court, by way of an interim order, directed the appellant to pay the dues in

instalments. Since the appellants did not comply with the conditional order passed by this Court, the writ Court dismissed the writ petition 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 Petition was dismissed and after the dismissal of the writ petition, as directed by this Court, possession of the subject property has also been taken by the respondents on 19.10.2024.

4. Since the conditional order passed by this Court in the writ petition has not been complied with and subsequently, after the dismissal of the writ petition, the respondents have also taken possession of the subject property, we are not inclined to entertain the writ appeal. Therefore, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is 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.No.1754 of 2025 16.06.2025