Mr.G.S.Narayanan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.Nos. 21517 to 21519 of 2013 and M.P.Nos.2 of 2013(3 petitions), 3 of 2013(1 petition) and 4 of 2013 (2 petitions) G.S.Narayanan .. Petitioner in W.P.No.21517 of 2013 N.Muthuraj .. Petitioner in W.P.No.21518 of 2013 M.Sairaj .. Petitioner in W.P.No.21519 of 2013

Versus

1. The Secretary to Government, Tourism Culture, Hindu Religious & Charitable Endowment Department (HR&CE 5.1) Fort St.George Chennai 2.The Commissioner Uttamar Gandhi Salai Chennai - 34 3.The Joint Commissioner 1/4

4.The Assistant Commissioner 5.The Executive Officer Arulmigu Nellaiappar Arultharam Gandhimathi Ambal Thiruvkoil Tirunelveli - 627 006 .. Respondents in all cases Common Prayer:Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 1st respondent dated 17.07.2013 in G.O.No.188 issued by Tourim Culture and HR & CE Department, quash the same and consequently direct the respondents 3 to 5 to restore back the possession of Shop Nos.46C & 46D Theppakulam Kezhatheru, Tirunelveli Town; 46, Theppakulam Kezhatheru, Tirunelveli Town; and 119, North Car Street, Tirunelveli Town back to the respective petitioners. For Petitioners : M/s.Chennai Law Associates (in all cases) (No appearance) For Respondents : Mr.M.

Bindran for R1 to R4 (in all cases) Additional Government Pleader COMMON ORDER These writ petitions are filed impugning the order passed by the 1st respondent dated 17.07.2013 in G.O.No.188 issued by Tourim Culture and HR & CE Department, quash the same and consequently direct the respondents 3 to 5 to restore back the possession of respective shops back to the respective petitioners.

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2. Though, these cases were listed on 12.12.2022 in the provisional list and listed today, there is no representation on behalf of the petitioners.

3. The learned Additional Government Pleader submitted that as the petitioners were not paid the rent, the proceedings under Section 78(1) of the HR & CE Act was initiated. Consequently, the order of eviction is also passed and the petitioners are also vacated from the subject premises. Hence, nothing survives for adjudication in these writ petitions.

4. Such view of the matter, these writ petition stands dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

15.12.2022 dhk Index : Yes / No Speaking Order : Yes / No To

1. The Secretary to Government, Tourism Culture, Hindu Religious & Charitable Endowment Department (HR&CE) Fort St.George Chennai 3/4

N.SATHISH KUMAR, J.

dhk 2.The Commissioner Uttamar Gandhi Salai Chennai - 34 3.The Joint Commissioner 4.The Assistant Commissioner 5.The Executive Officer Arulmigu Nellaiappar Arultharam Gandhimathi Ambal Thiruvkoil Tirunelveli - 627 006 15.12.2022 4/4