Madras High CourtWP/13372/2017disposed of

Chellammal v. The Joint Commissioner

2017-05-25Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.13372 of 2017 and WMP.No.14400 of 2017 1.Chellammal 2.Saraswathi 3.Vijaya 4.Nagalakshmi .. Petitioners Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endownment Department, Salem, Salem District.

2. The Executive Officer, Arulmigu Chennappan Devasthanam Temple, Salem Town, Salem-1.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioners on 15.10.2013, within a stipulated time.

For Petitioner : Mr.C.Prakasam For R1 : Mr.M.Maharaja Special Government Pleader(HR&CE)

O R D E R

The petitioner has come forward with this writ petition seeking a direction to the first respondent to consider the representation dated 15.10.2013, by which permission has been sought for to continue in the premises in their occupation by fixing a fair rent.

2.By proceedings dated 11.04.2017, the petitioner was asked to give a reply by treating the petitioners as unauthorized occupants.

https://hcservices.ecourts.gov.in/hcservices/

3.In as much the proceedings has already been initiated by the 1st respondent, it is well open to the petitioner to give a reply. Therefore, the petitioner is given further period of four months from the date of receipt of a copy of this order to give a reply, if no final order is passed already. Thereafter, final order will have to be passed by the first respondent within a period of further four weeks. The issue pertaining to the alleged tenancy shall also be considered while passing the aforesaid final order by the first respondent. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rm To

1. The Joint Commissioner, Hindu Religious and Charitable Endownment Department, Salem, Salem District.

2. The Executive Officer, Arulmigu Chennappan Devasthanam Temple, Salem Town, Salem-1.

+1cc to M/s.C.Prakasam, Advocate in Sr.No.38056 +1cc to Government Pleader, in Sr.No.38069 W.P.Nos.13372 of 2017 and WMP.No.14400 of 2017 NRI(CO) NR(30/05/2017) https://hcservices.ecourts.gov.in/hcservices/