Mr. Paramasivam, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.Nos. 8075 & 8076 of 2015 and M.P.Nos.1 & 2 of 2015(2 petitions) Paramasivam .. Petitioner in W.P.No.8075 of 2015 M.Subramanian .. Petitioner in W.P.No.8076 of 2015

Versus

1. The Commissioner Hindu Religious & Charitable Endowment Department No.119, Uttamar Gandhi Salai Chennai - 34 2.The Joint Commissioner Hindu Religious & Charitable Endowment Department No.119, Uttamar Gandhi Salai Chennai - 34 3.The Deputy Commissioner/Executive Officer Arulmigu Kabaleeeswarar Temple Mylapore, Chennai - 600 014 4.The Assistant Commissioner HR&CE Department, Chennai - 600 034 5.M/s.Janarthana Charitable Trust Rep by its Managing Trustee No.14, Luz Church Road 1/5

Mylapore, Chennai - 600 004 .. Respondents in all cases Common Prayer:Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records from the first respondent and quash the impugned Order passed by the 1st respondent / the Commissioner / HR & CE Department, in R.P.Nos.9 & 10/2015 dated 26.02.2015 and consequently directing the 1st respondent to execute the lease deed in favor of the petitioner at the prevailing market rate and the guideline value. For Petitioners : Mr.P.Manikannan (in both cases) (No appearance) For Respondents : Mr.M.Rajendran for R1, 2 & R4 (in all cases) Additional Government Pleader Mrs.Usha Tholgappain for R3 No appearance for R5 COMMON ORDER These writ petitions are filed challenging the Orders of the first respondent and quash the impugned Orders in R.P.Nos.9 & 10/2015 dated 26.02.2015 and consequently direct the 1st respondent to execute the lease deed in favor of the petitioner at the prevailing market rate and the guideline value.

2. The learned counsel for the third respondent submitted that the second respondent vide proceedings in Se.Mu.Na.Ka.No.14923/2013/E1 dated 20.10.2014 and Se.Mu.Na.Ka.No.14913/2013/E1 dated 24.11.2014 2/5

evicted the respective petitioners from their encroachments in the temple lands and the same was remitted to the Temple. Further submitted that since the petitioners are evicted from their encroachments in the temple lands, nothing survives for adjudication in these writ petitions. She also filed a report to that effect which shall form part of the record.

3. Such view of the matter, these writ petition stands dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

15.12.2022 dhk Speaking Order : Yes / No To

1. The Commissioner Hindu Religious & Charitable Endowment Department No.119, Uttamar Gandhi Salai Chennai - 34 2.The Joint Commissioner Hindu Religious & Charitable Endowment Department No.119, Uttamar Gandhi Salai Chennai - 34 3.The Deputy Commissioner/Executive Officer 3/5

Arulmigu Kabaleeeswarar Temple Mylapore, Chennai - 600 014 N.SATHISH KUMAR, J.

dhk 4.The Assistant Commissioner HR&CE Department, Chennai - 600 034 W.P.Nos.8075 to 8076 of 2015 4/5

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