D.Sivaprakasam v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Sivaprakasam .. Petitioner Vs.
1.The Joint Commissioner, Chennai Zone-II, Chennai, HR & CE Department, Chennai.
2.The Assistant Commissioner, HR & CE, Padi, Chennai - 600 050.
3.The Executive Officer, Arulmighu Ekambareshwarar Thirukoil, Aminjikarai, Chennai - 600 029.
4.The Commissioner, HR & CE Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
.. Respondents (R4 suo motu impleaded vide order of this Court dated 12.02.2025 made in W.P.No.4828 of 2025) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from 1/4
initiating any coercive steps including eviction of the petitioner from the temple land, pending disposal of the revision petition in R.P.No.465 of 2023 as the petitioner is ready to deposit a lump sum amount to the credit of the revision petition in R.P.No.465 of 2023 on the file of the Commissioner of HR & CE, Chennai - 600 034 to show his bonafide. For Petitioner :
Mr.K.A.Mariappan For Respondents :
Mr.K.Karthikeyan Government Advocate
O R D E R
The grievance of the petitioner is that the petitioner being a tenant and when the respondent authorities re-fixed the rent, they have not properly taken into account the actual area that is occupied as residential area and the actual area that is occupied as commercial area and therefore, the petitioner has filed a petition in RP.No.465 of 2023 before The Commissioner, HR & CE, Chennai - 600 034, and the same is pending disposal with the Commissioner, HR & CE, Chennai - 600 034.
2.In view thereof, The Commissioner, HR & CE Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034 is suo motu impleaed as 4th respondent in this writ petition. 2/4
3.Mr.K.Karthikeyan, learned Government Advocate takes notice for all the respondents.
4.The 4th respondent is directed to dispose of the petition in R.P.No.465 of 2023 within a period of twelve (12) weeks from the date of receipt of a web copy of this order without waiting for the certified copy of the order. 5.Even if any interim order pending consideration of the revision is needed, it is open for the petitioner to move the Commissioner by undertaking to deposit any portion of the amount and the Commissioner shall consider the same when the matter is taken up for hearing on 17.02.2025. 6.Accordingly, this Writ Petition is disposed of with the above directions. No costs.
12.02.2025 krk Index :
No Internet :
Yes :
No NOTE: Registry is directed to carry out necessary amendment. 3/4
D.BHARATHA CHAKRAVARTHY, J.
krk To 1.The Joint Commissioner, Chennai Zone-II, Chennai, HR & CE Department, Chennai.
2.The Assistant Commissioner, HR & CE, Padi, Chennai - 600 050.
3.The Executive Officer, Arulmighu Ekambareshwarar Thirukoil, Aminjikarai, Chennai - 600 029.
4.The Commissioner, HR & CE Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
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