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Madras High CourtWP/21787/2018disposed of

P.Suresh, v. The Joint Commissioer,

2018-09-03Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.21787 of 2018 P.Suresh .. Petitioner Vs 1.The Joint Commissioner, Hindu Religious Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam.

2.A/M.Madhava Perumal Thirukoil, Rep.by its Executive Officer, Mylapore, Chennai - 600 004.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the first respondent to consider the petitioner's representation dated 12.01.2018.

For Petitioner : Mr.A.Swaminathan For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

The petitioner has come up with the present writ petition, for a mandamus, directing the first respondent to consider his representation dated 12.01.2018.

2. The learned counsel for the petitioner submitted that the petitioner has made a representation dated 12.01.2018 to the first respondent, wherein, he expressed his willingness to continue in the said premises as a tenant. Paragraph No.8 of the above said representation is extracted here under : " I state that I am only residing in the above property with my family and I am always ready willing to pay reasonable rent if the same is fixed and it is only going to be remitted to the temple. Further I don't want to go in to the controversy and dispute once again. I want live peacefully with my family in the house constructed by my grandfather K.Duraisami Pillai and I have always ready and willing to remit reasonable rent for the land to the temple."

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3. Since the petitioner's representation was not considered, the petitioner is before this Court.

4. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the first respondent would consider the representation of the petitioner on merits and in accordance with law.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 12.01.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all other interested parties, within a period of four weeks, from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ms To 1.The Joint Commissioner, Hindu Religious Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam.

2.A/M.Madhava Perumal Thirukoil, Rep.by its Executive Officer, Mylapore, Chennai - 600 004.

+1cc to Mr.A.Swaminathan, Advocate SR.NO.60497 GMI(CO) sm:17.10.2018 W.P.No.21787 of 2018 https://hcservices.ecourts.gov.in/hcservices/