Madras High CourtWP/8295/2018disposed of

K.S.Sankaran, v. The Commissioner

2018-04-18Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8295 of 2018 K.S.Sankaran ..

Petitioner -vs1.The Commissioner, Hindu Religious and Endowments Board, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Endowments Board, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Assistant Commissioner, Hindu Religious and Endowments Board, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

4.The Executive Officer, Sri Hanumantha Vahana Kattalai attached to Kothanda Ramaswamy Temple, West Mambalam, Chennai-33.

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 01.03.2018 passed by the the fourth respondent and quash the same and consequently direct the respondents to fix the fair rent strictly in terms of G.O. Ms. No.456 dated 09.11.2007.

For Petitioner ::

Mr.K.Ramu For Respondents ::

Mr.M.Maharaja, Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned order dated 01.03.2018 passed by the the fourth respondent and seeking direction to the respondents to fix the fair rent strictly in terms of G.O. Ms. No.456 dated 09.11.2007.

2.Learned counsel for the petitioner submitted that although the fourth respondent issued notice calling upon the petitioner to submit his explanation as why the fair rent should not be fixed for his residential building, he has given his detailed explanation on 07.03.2017. But without fixing the monthly fair rent or passing any order, directed the petitioner to pay a sum of Rs.7,42,632/-. 3.After taking notice, Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents sought permission to withdraw the impugned order and to re-issue fresh notice to the petitioner. This writ petition is disposed of granting liberty to the respondents to re-issue fresh notice to the petitioner. No costs.

18.04.2018 Speaking/Non speaking order vga

To 1.The Commissioner, Hindu Religious and Endowments Board, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Endowments Board, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Assistant Commissioner, Hindu Religious and Endowments Board, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

4.The Executive Officer, Sri Hanumantha Vahana Kattalai attached to Kothanda Ramaswamy Temple, West Mambalam, Chennai-33.

T.RAJA, J.

vga W.P.No.8295 of 2018 18.04.2018