P.S.Sivakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2022

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P. No.31807 of 2013 and M.P. Nos.1 of 2013 & 1 of 2014 P.S.Sivakumar ..Petitioner Vs.

1.The Commissioner, H.R. & C.E. Board, Nungambakkam High Road, Chennai - 600 034.

2.The Deputy Commissioner, Executive Officer, Arulmighu Kapaleeswarar Temple, Mylapore, Chennai - 600 004.

..Respondents Writ Petition is filed under Article 226 of the Constitution of India, seeking Writ of Certiorarified Mandamus calling for the records of the second respondent in its proceedings Na.Ka.No.253/2010/A4 dated 21.09.2013 claiming huge arrears of rent and quash the same and further direct the second respondents to convene a meeting with the petitioners and to sole their grievances and to fix the new rent as per the present guideline value and renew the lease period without any delay. For Petitioner :

Ms. K.Bhawatharini For Respondent -1 :

Mr. K.Karthikeyan Government Advocate (H.R. & C.E.) For Respondent -2 :

Ms. Usha Tholgappian

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the second respondent dated 21.09.2013, calling upon the petitioner to pay huge arrears of rent.

2. Learned Government Advocate appearing on behalf of the first respondent submitted that already proceedings have been initiated under Section 78 of Hindu Religious and Charitable Endowments Act and the same is now pending on the file of the Joint Commissioner, H.R. & C.E. Board. Learned Government Advocate further submitted that further proceedings will be initiated pursuant to the orders of the Joint Commissioner, H.R. & C.E. Board.

3. In view of the subsequent development, no further orders can be passed in this Writ Petition and it is left open to the respondents to proceed further in accordance with law after the orders are passed by the Joint Commissioner of H.R. & C.E.

4. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar bkn To 1.The Commissioner, H.R. & C.E. Board, Nungambakkam High Road, Chennai - 600 034.

2.The Deputy Commissioner, Executive Officer, Arulmighu Kapaleeswarar Temple, Mylapore, Chennai - 600 004.

W.P. No.31807 of 2013 AJB (CO) PR (13/07/2022)