The Commissioner v. A.S.Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.No.266 of 2015

1. The Commissioner Hindu Religious and Charitable Endowments Administrative Department Chennai 600 034

2. The Joint Commissioner Hindu Religious and Charitable Endowments Administrative Department Vellore, North Arcot District ..Appellants/Respondents 1&2 -vs1. A.S.Ganesh

2. The Executive Officer Arulmighu Jagannatha Perumal Temple & Thirumazhisai Alwar Temple Thirumazhisai, Poonamallee Taluk Thiruvallur District ..Respondents/Petitioner/ 3rd Respondent Appeal filed under Clause 15 of the Letters Patent, against the order dated 05.12.2013 made in W.P.No.31281 of 2013. W.P.No.31281 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified Mandamus calling upon the records of the 1st respondent in the impugned order in D.Dis.Suo Motu Revision NO.2/2013D(2) dated 6.8.2013 insofar as the portion calling upon the 2nd and 3rd respondent herein by the 1st respondent to fix the fair rent in respect of the property being land of an extent of acre 1.14 cents comprised in survey No.86 and survey No.

87 situated in Thirumazhisai Village Poonamallee Taluk Thiruvallur District belonged to the 3rd respondent temple and collect the same from the petitioner and quash the same and consequently refrain the respondents from any manner enforcing the impugned order as against the petitioner. https://hcservices.ecourts.gov.

For Appellants :

Mr.T.Arunkumar Government Advocate

JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.) Mr.T.Arunkumar, learned Government Advocate appearing for the appellants, on receiving oral instructions, stated that since the first respondent/lessee has handed over the land in question to the Executive Officer of the second respondent Temple, nothing survives in this appeal.

2. Even in paragraph-9 of the impugned order, it is stated that possession has been given to the Executive Officer of the Temple. Therefore, recording the statement of the learned Government Advocate, the writ appeal is dismissed as infructuous. Consequently, M.P.No.1 of 2015 is also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To

1. The Commissioner Hindu Religious and Charitable Endowments Administrative Department Chennai 600 034

2. The Joint Commissioner Hindu Religious and Charitable Endowments Administrative Department Vellore, North Arcot District

3. The Executive Officer Arulmighu Jagannatha Perumal Temple & Thirumazhisai Alwar Temple Thirumazhisai, Poonamallee Taluk Thiruvallur District +1cc to the special Government Pleader, S.R.No.34304 W.A.No.266 of 2015 RP(CO) RGA(12/08/2021) https://hcservices.ecourts.gov.in/hcservices/