S.Kanniyammal v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1 S.Kanniyammal 2 G.Mohan 3 G.Venkatesan 4 S.Raghupathy 5 E.Anbalagan 6 M.Sankar 7 Sivakumar .. Appellants Vs 1 The State of Tamil Nadu rep by The Collector Thaiyar Kullam Kanchipuram - 631 501.

2 The Assistant Commissioner/Executive Officer Mangadu, Chennai - 122.

3 Arulmigu Kamatchi Amman and Arulmigu Vaigunda Perumal Thirukoil Rep. by its Executive Officer Mangadu, Chennai - 122.

4 The Commissioner of HRCE 119, Uthanar Ganthi Road Nungambakkam, Chennai - 34.

..

Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the judgment dated 21.12.2022 passed in W.P.No.26406 of 2022 by the learned Single Judge.

For the Appellants : Ms.C.Selvi George For the Respondents : Mr.P.Muthukumar State Government Pleader for the 1st respondent : Mr.N.R.R.Arun Natarajan Special Government Pleader for respondents 2 to 4

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) This writ appeal is directed against the impugned order dated dated 21.12.2022 passed in W.P.No.26406 of 2022, whereby the learned Single Judge, while dismissing the writ petition finding no merits, made it clear that if the appellants are so advised, they can file an appropriate civil suit to establish their rights before the competent civil court.

2. After hearing learned counsel on either side, we do not find any error or infirmity in the impugned order passed by the learned Single Judge for the following reasons:

(i) The Joint Commissioner, Hindu Religious and Charitable Endowments Department, vide order dated 15.12.2020, after affording opportunity of hearing to the appellants, came to the conclusion that the appellants are tenants under the Arulmigu Kamatchi Amman temple;

(ii) Even though fair rent was fixed based on the extent of property occupied by each of the appellant and the arrears were directed to be paid from 1.7.2016; the appellants have not challenged the said order, which had attained finality; and (iii) If the appellants pay the entire arrears of rent, besides paying the monthly rent regularly, they may be permitted to continue as tenants under

the temple. In default, the appellants have no right to occupy the properties in question.

For the foregoing reasons, the writ appeal is dismissed. There will be no order as to costs. However, it is made clear that the liberty granted to the appellants by the learned Single Judge to file an appropriate civil suit to establish their rights before the competent civil court holds good. Consequently, C.M.P.No.3006 of 2023 is closed.

(T.R., ACJ.) (D.B.C., J.) 15.02.2023 Index :

No No sasi

To:

1 The Collector State of Tamil Nadu Thaiyar Kullam Kanchipuram - 631 501.

2 The Assistant Commissioner/Executive Officer Mangadu, Chennai - 122.

3 The Executive Officer Arulmigu Kamatchi Amman and Arulmigu Vaigunda Perumal Thirukoil Mangadu, Chennai - 122.

4 The Commissioner of HRCE 119, Uthanar Ganthi Road Nungambakkam, Chennai - 34.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 15.02.2023