Sanny George, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.4446 of 2018 I.Sanny George .. Petitioner Vs.
1.
The Secretary Hindu Religious and Charitable Trust Government of Tamil Nadu Secretariat Chennai-09.
2.
The Commissioner Hindu Religious and Charitable Trust Nungambakkam Chennai-600 034.
3.
The Joint Commissioner Hindu Religious and Charitable Trust Nungambakkam Chennai-600 034.
4.
The Executive Officer Arulmigu Rathina Vinayagar and Durgai Amman Kovil Whites' Road, Royapettai Chennai-600 014.
.. Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2 to 3 to recognize me as the tenant and fix the rent in respect of my premises bearing Door No.5 Whites' Road, 2nd Street, Royapettai, Chennai-600 014 in view of the representation dated 22.01.2018.
For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.M.Maharaja Special Government Pleader
O R D E R
This writ petition is filed for mandamus directing the respondents 2 and 3 to recognize the petitioner as a tenant and fix the rent in respect of the premises bearing Door No.5
Whites' Road, 2nd Street, Royapettai, Chennai-600 014, based on his representation dated 22.01.2018.
2. Heard Mr.S.Arivazhagan, learned counsel appearing for the petitioner and Mr.M.Maharaja, learned Special Government Pleader, who takes notice for the respondents.
3. It is seen that the fourth respondent Temple has already filed a suit for eviction against the petitioner in O.S.No.8323 of 1988 and the same was decreed against the petitioner. Now, it is stated that the matter is pending before this Court, by way of Second Appeal in SA.No.788 of 2015 filed by the petitioner.
4. Therefore, the petitioner has to work out his remedy in the above said Second Appeal, which is pending before this Court and not to seek for considering his representation to recognize him as a tenant. Therefore, I find that the very representation made by the petitioner is misconceived and consequently, the present writ petition filed by the petitioner is also not maintainable. According, this writ petition fails and the same is dismissed. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.
The Secretary Hindu Religious and Charitable Trust Government of Tamil Nadu Secretariat Chennai-09.
2.
The Commissioner Hindu Religious and Charitable Trust Nungambakkam Chennai-600 034.
3.
The Joint Commissioner Hindu Religious and Charitable Trust Nungambakkam Chennai-600 034.
4.
The Executive Officer Arulmigu Rathina Vinayagar and Durgai Amman Kovil Whites' Road, Royapettai Chennai-600 014.
+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.16827 +1cc to the Government Pleader, S.R.No.16661 W.P.No.4446 of 2018 MR(CO) RRK(20/03/2018)