K.Vaidyanathan, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition No.3537 of 2022 K.Vaidyanathan .. Petitioner Vs.

1.The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi salai Nungambakkam, Chennai-600 034.

2.Dr.D.Chandrasekaran Managing Trustee A/M.Sri Sivasubramaniyaswami Thirukkoil Melpattambakkam-607 104.

Panruti Taluk, Cuddalore District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to recognise the petitioner as tenant of shop No.6 as per law by considering the representation dated 07.01.2022 given by the petitioner. For Petitioner : Mr.R.Nasurulla for Mr.D.Baskar For Respondents: Mr.S.Yashwanth Additional Government Pleader (HR & CE)

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to recognise the petitioner as tenant of shop No.6 as per law by considering the petitioner's representation dated 07.01.2022.

2.Heard the learned counsel appearing for the petitioner as well as Mr.S.Yashwanth, learned Additional Government Pleader, who takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3.Mr.S.Yashwant, the learned Additional Government Pleader appearing for the respondents on instructions, submitted that originally, the lease was given to the father of the petitioner, it has expired in the year 2014 and without handing over vacant possession, the petitioner, the son of original lessee is in occupation of the shop. The 2nd respondent is going to lease out the said shop by conducting public auction and therefore, it is not possible to recognise the petitioner as tenant. 4.In view of the above submissions, the Writ Petition stands dismissed. It is open to the petitioner to participate in the public auction, if any conducted. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kj To 1.The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi salai Nungambakkam, Chennai-600 034.

+1cc to the Special Government Pleader(HR & CE), S.R.No.12138 W.P.No.3537 of 2022 SV(CO) SB(14/03/2022) https://hcservices.ecourts.gov.in/hcservices/