V.Padmanaban v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.10117 and 10118 of 2025 V.Padmanaban .. Petitioner
Versus
1. The Secretary, Tamil Nadu Tourism, Culture and Religious Department, St. George Fort, Chennai - 600 009.
2. The Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.
3. The Joint Commissioner, HR & CE Department, Villupuram.
4. The Assistant Commissioner, HR & CE Department, Villupuram.
5. The Manager, Srimath Sivagnana Balaiah Sawamigal Thirumadam, 1/7
Bommapura Aatheenam, Mayilam, Dindivanam Taluk, Villupuram District.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records of the 1st respondent pertaining to the impugned order, dated 10.02.2025 in G.O.No.76, confirming the order, dated 16.11.2022 in R.P.No.99 of 2020 D2 passed by the 2nd respondent herein as well as confirming the order, dated 20.11.2019 in Se.Mu.Na.Ka.No.9982/2019/19/AA2 passed by the 3rd respondent herein and quash the same as illegal, arbitrary, without jurisdiction and opposed to settled principles of law. For Petitioner : Mr.L.Ramkumar For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE), for RR-1 to 4 : Mr.T.S.Baskaran, for R5
ORDER
This Writ Petition is filed with a prayer to quash the impugned order, dated 10.02.2025 made in G.O.No.76, confirming the order, dated 16.11.2022 in R.P.No.99 of 2020 D2 passed by the second respondent as 2/7
well as confirming the order, dated 20.11.2019 passed by the third respondent.
2. The petitioner is said to be in occupation of the temple property. Originally, the order of eviction was passed which is confirmed in revision and on further revision to the Government. Challenging the aforesaid orders, this Writ Petition is filed.
3. When the matter is taken up for hearing, it is submitted by the both sides learned Counsel that the petitioner has given up his original contentions and has approached the fifth respondent mutt to be a tenant under the mutt and the mutt also accepted the proposal and the authorities have also approved the same. They will fix the rent as per the norms that are prescribed by the HR & CE Department and the petitioner will pay the rent and they will enter into a lease deed in the manner known to law. 3/7
4. In view thereof, this Writ Petition is disposed of on the following terms:- (i) The petitioner shall submit a fresh representation along with a copy of this order expressly stating that he is giving up all his earlier contentions and he is willing to be a tenant under the fifth respondent mutt; (ii) The fifth respondent mutt shall convey its acceptance and also the quantum of rent duly fixed by them and the parties shall enter into a lease deed recognising the petitioner as a tenant;
(iii) The aforesaid exercise shall be completed within a period of four weeks from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order; (iv) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
18.03.2025 : no grs 4/7
To
1. The Secretary, Tamil Nadu Tourism, Culture and Religious Department, St. George Fort, Chennai - 600 009.
2. The Commissioner of HR & CE, Nungambakkam High Road, Chennai - 34.
3. The Joint Commissioner, HR & CE Department, Villupuram.
4. The Assistant Commissioner, HR & CE Department, Villupuram.
5/7
D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.Nos.10117 and 10118 of 2025 6/7
18.03.2025 7/7