S.Saraswathi v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.SARASWATHI ... Petitioner Vs 1.

THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS ENDOWMENT BOARD, PADI, CHENNAI -600 050.

2.

THE EXECUTIVE OFFICER, ARULMIGHU EKAMBARESWARA THIRUKOVIL, NO. 315, MINT STREET, CHENNAI -600 003.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first and second respondents to conduct public auction for allotment of commercial shops in the event, if the building is demolished and reconstructed and consequently allow the petitioner to participate as per the due process of law. For Petitioner : Mr.D.Sreenivasan For R1 & R2 : Mr.N.R.R.Arun Natarajan Special Government Pleade 1/4

ORDER

This writ petition is filed with a prayer to direct the first and second respondents to conduct a public auction for the allotment of commercial shops in the event, if the building is demolished and reconstructed and consequently allow the petitioner to participate as per the due process of law.

2. When the matter came up for admission, Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader taking notice on behalf of the respondents, submitted that the petitioner and her husband are in occupation of two portions of the same premises. Pursuant to the order in C.R.P.No.2834 of 2023, the possession in respect of one portion has been handed over. If the petitioner hands over the other portion, certainly the demolition and reconstruction will be carried out and the petitioner can participate, provided that all the old arrears of Rs.1,39,392/- are paid.

3. In view thereof, this writ petition is disposed of on the following terms:- 2/4

(i) The petitioner shall hand over possession of the portion within four weeks from the date of receipt of the web copy of the order. (ii) The petitioner shall also pay the arrears within twelve weeks from the date of receipt of the web copy of the order. (iii) Upon the petitioner complying with the above, the petitioner will be eligible to participate in the public auction for one or more of the shops that will be reconstructed at the same location.

(iv) Needless to mention that even if the petitioner matches the highest bid, preference should be given to her. No costs. 20.03.2025 nsl To 1.

THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS ENDOWMENT BOARD, PADI, CHENNAI -600 050.

2.

THE EXECUTIVE OFFICER, ARULMIGHU EKAMBARESWARA THIRUKOVIL, NO. 315, MINT STREET, CHENNAI -600 003.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 20.03.2025 4/4