V.Ethiraj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.3247 of 2025 and W.M.P.Nos.3596 and 3598 of 2025 V.Ethiraj ... Petitioner vs.

1.The Commissioner Hindu Religious And Charitable Endowment Department, Nungambakkam, Chennai 600 104 2.The Joint Commissioner O/o. The Joint Commissioner, Hindu Religious And Charitable Endowment Board, Collector Office Road, Villupuram District, Villupuram. 3.The Assistant Commissioner O/o. The Assistant Commissioner, Hindu Religious And Charitable Endowment Board, Collector Office Road, Villupuram District, Villupuram 4.The Executive Officer Arulmigu Manjineeswarar Thirukoil, Keezhputhupattu, Tindivanam Taluk, Villupuram District.

.Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the eviction notice dated 10-01-2025 issued by the Assistant Commissioner, HR and CE, Villupuram, the 3rd respondent herein and to 1/6

quash the same and to direct the respondents 2 to 4 herein, in particular the 4th respondent herein the Executive Officer, Arulmigu Manjineeswarar Thirukoil, Keezhputhupattu, Tindivanam taluk, Villupuram District to consider and dispose the representations of the petitioner dated 13-09-2021, 06-10-2021, 16-06-2022 and 23-01-2025 For Petitioner : M/s.S.SJhothivani For Respondents : Mr.S.Ravichandran for R1 to R4 Additional Government Pleader (HR & CE)

O R D E R

The writ petition is filed challenging the order passed by the 3rd respondent seeking to enforce the order passed against the petitioner under Section 78 of HR & CE Act.

2. It is not in dispute that proceeding has been initiated against the petitioner for eviction under Section 78 of HR & CE Act in M.P.No.49 of 2009 on the file of 2nd respondent. The said proceedings culminated in passing of eviction order against the petitioner as early as 06.10.2010. According to the petitioner, he submitted a representation before the respondents expressing willingness to pay fair rent to be fixed by the 2/6

respondents and the same has not been considered. It is also stated by the petitioner that questioning the order of eviction passed against him, he filed a revision before the 1st respondent in the year 2022 and the same was returned on the ground that 1st respondent had no power to condone the delay as the revision was filed beyond the period of limitation. Therefore, it is clear that the order of eviction passed against the petitioner treating him as encroacher has attained finality. In these circumstances, the petitioner is not entitled to challenge the consequential order of enforcement. Therefore, this Court is not inclined to entertain the writ petition filed by the petitioner and the same is dismissed.

3. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 29.01.2025 Index : Yes/No Speaking order:Yes/No nr 3/6

To 1.The Commissioner Hindu Religious And Charitable Endowment Department, Nungambakkam, Chennai 600 104 2.The Joint Commissioner O/o. The Joint Commissioner, Hindu Religious And Charitable Endowment Board, Collector Office Road, Villupuram District, Villupuram. 3.The Assistant Commissioner O/o. The Assistant Commissioner, Hindu Religious And Charitable Endowment Board, Collector Office Road, Villupuram District, Villupuram 4.The Executive Officer Arulmigu Manjineeswarar Thirukoil, Keezhputhupattu, Tindivanam Taluk, Villupuram District.

4/6

S.SOUNTHAR, J.

nr W.P.No.3247 of 2025 and W.M.P.Nos.3596 and 3598 of 2025 29.01.2025 5/6

6/6