R.Venkatakrishnan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Venkatakrishnan ... Petitioner Vs.

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

2.The Joint Commissioner, Hindu Charitable and Religious Endowments Department, Chennai-600 034.

3.The Deputy Commissioner/Executive Officer, Arulmigu Parthasarathy Swamy Thirukovil, Triplicane, Chennai-600 005.

4.The Assistant Commissioner, Hindu Charitable and Religious Endowments Department, Chennai-600 034. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to provide adequate compensation to the petitioners for the losses occasioned to him due to forceful dispossession from the demised premises situated at Survey No.1887, No.1, Peyalwar Kovil Street, Triplicane, Chennai-600 005 and also provide him an alternative site so as to enable him to carry on his business and earn his livelihood.

For Petitioner :

Mr.V.Chandraprabhu For Respondents :

Mr.NRR.Arun Natarajan Special Government Pleader (HR & CE) for R1, R2 and R4 Mr.P.Vishnu Manoharan for Mr.Rahul Balaji for R3

O R D E R

This Writ Petition has been filed to direct the respondents to provide adequate compensation to the petitioner for the loss caused to him due to forceful dispossession from the premises situated at Survey No.1887, No.1, Peyalwar Kovil Street, Triplicane, Chennai-600 005 and provide him alternative site to carry on his business and earn his livelihood.

2. The learned counsel appearing for the petitioner submits that the petitioner was in occupation of the subject premises from the year 1938 and running a shop in the subject premises and the third respondent has forcefully dispossessed the petitioner from the subject premises, violating the principles of natural justice. Therefore, the present writ petition has been filed.

3. The learned counsel appearing for the third respondent submits that the petitioner's shop was hiding the tank of the third respondent Temple and for the purpose of Agama, the petitioner's shop was demolished and he was dispossessed from the subject premises and there is no provision available under the Hindu Religious and Charitable Endowments Act for providing alternative place to the petitioner.

4. Recording the submission made by the learned counsel appearing for the third respondent, this Writ Petition is dismissed. There shall be no order as to costs.

29.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Commissioner, Hindu Charitable and Religious Endowments Department, Chennai-600 034.

2.The Joint Commissioner, Hindu Charitable and Religious Endowments Department, Chennai-600 034.

3.The Deputy Commissioner/Executive Officer, Arulmigu Parthasarathy Swamy Thirukovil, Triplicane, Chennai-600 005.

4.The Assistant Commissioner, Hindu Charitable and Religious Endowments Department, Chennai-600 034.

M.DHANDAPANI, J.

ssb 29.08.2024