Mohamed Rafi v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.6845, 6846, 7290, 7292, 7293, 7393 to 7395 of 2021 1.
Mohamed Rafi
...Petitioner in W.P.No.6230 of 2021
2.
Saravanan 3.
Kotteswari 4.
Palanivel
...Petitioners in W.P.No.6732 of 2021
5.
Tharakanath 6.
Venkatasubba Rao
...Petitioners in W.P.No.6732 of 2021
Vs.
1.
The Secretary to the Government, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai - 600 009.
2.
The Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.
3.
The Joint Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.
4.
The Executive Officer/Deputy Commissioner, 1/7
Arulmigu Parthasarathy Temple, Triplicane, Chennai - 600 005.
...Respondents in all W.P's.
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned orders of the 1st respondent passed in (i)Arasanai (Nilai) En.54 dated 19.02.2020, (ii)Arasanai (Nilai) En.59 dated 20.02.2020 and (iii)Arasanai (Nilai) En.50 dated 18.02.2020 and to quash the same and consequently direct the 3rd respondent to fix the rent according to the law and procedure laid down for fixing fair rent and further directing 4th respondent to collect monthly rent after it is refixed and direct the respondents not to disturb the peaceful possession of the petitioners. In all W.Ps'.:
For Petitioner(s) : Mr.R.Thirumoorthy For Respondents : Mr.K.Karthikeyan, GA, for R1 to R3 : M/s.A.S.Kailasam & Associates, for R4 COMMON ORDER Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order. 2/7
2. The petitioners have filed these Writ petitions seeking quashment of the orders of the 1st respondent in (i)Arasanai (Nilai) En.54 dated 19.02.2020, (ii)Arasanai (Nilai) En.59 dated 20.02.2020 and (iii)Arasanai (Nilai) En.50 dated 18.02.2020 and for a consequential direction to the 3rd respondent to fix the rent according to the law and procedure laid down for fixing fair rent and to further direct the 4th respondent to collect monthly rent after it is refixed and till such time, direct the respondents not to disturb the peaceful possession of the petitioners.
3. Heard learned counsel on either side and perused the material documents placed on record.
4. Though this Court, vide order dated 19.09.2024 directed the petitioners to deposit a portion of their respective rental dues before the 4th respondent on or before 01.10.2024 to show their bonafides, and though the time was subsequently extended till 17.10.2024, till date, the petitioners have not paid the entire amount as ordered by this Court till date. In such view of the matter, this Court is not inclined to entertain the Writ petitions 3/7
on the submissions made by the learned counsel for the petitioners.
5. Further, the learned counsel appearing on behalf of the respective respondents submitted that, already the possession of the subject property was taken.
6. In view of the above, this Court is of the view that, the relief sought for by the petitioners cannot be granted and accordingly, these Writ Petitions stand dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
18.10.2024 (2/2) skt NCC : Yes/No Index : Yes/No Speaking order : Yes/No To:
4/7
1.
The Secretary to the Government, Tourism, Culture and Religious Endowments Department, Fort St. George, Chennai - 600 009.
2.
The Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.
3.
The Joint Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.
4.
The Executive Officer/Deputy Commissioner, Arulmigu Parthasarathy Temple, Triplicane, Chennai - 600 005.
M.DHANDAPANI, J.
5/7
skt and WMP.Nos.6845, 6846, 7292, 7293, 7394 & 7395 of 2021 (2/2) 18.10.2024 WMP.Nos.7290 & 7393 of 2021 in 6/7
W.P.Nos.6732 & 6836 of 2021 M.DHANDAPANI, J.
Ordered, on payment of single Court fee.
18.10.2024 (1⁄2) skt 7/7