R.Annammal, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.27740 of 2016 and WMP. No.23939 of 2016 R.Annammal
...Petitioner
Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government Tourism, Cultural and Religious Endowments Department, Fort St. George, Chennai.
2.The Commissioner, Hindu Religious Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
3.The Executive Officer, Sri Arunachaleswarar Devasthanam, Thiruvannamalai.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the respondents to regularise the occupancy of the petitioner into tenancy for the property situated at Plot No.130-B in No.38 Ramasamy Garden Street, Adyar, Chennai-600 020.
For Petitioner : Mr.P.Arumugarajan For Respondents : Mr.NRR.Arun Natarajan, Government Advocate for R1 & R2 Mr.Wilson Topaz for M/s.A.S.Kailasam Associates for R3
O R D E R
The learned counsel for the petitioner has filed a memo under cover of e.mail dated 13.07.2021, stating that the petitioner has passed away in the year 2018 and the writ petition thus be dismissed as infructuous.
2. Mr.Wilson Topaz, learned counsel for Mr.A.S.Kailasam Associates appearing for R3/ Sri Arunachaleswarar Devasthanam, Thiruvannamalai would state that after the demise of the petitioner, the legal representatives of the deceased petitioners are in unauthorised occupation of the said property at Plot No.130-B in No.38 Ramasamy Garden Street, Adyar, Chennai-600 020. If so, nothing stops the respondents from taking action under the appropriate provisions of the Hindu Religious and Charitable Endowments Act, 1959, including Section 78 thereof.
3. With this observations, this writ petition is dismissed as infructuous. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar rkp To 1.The State of Tamil Nadu, Rep. by its Secretary to Government Tourism, Cultural and Religious Endowments Department, Fort St. George, Chennai.
2.The Commissioner, Hindu Religious Charitable Endowments Department, 119 Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
3.The Executive Officer, Sri Arunachaleswarar Devasthanam, Thiruvannamalai.
+1cc to Mr.A.S.Kailasam & Associates, Advocate, S.R.No.33025 +1cc to the Government Pleader, S.R.No.33649 W.P. No.27740 of 2016 and WMP. No.23939 of 2016 PVS(CO) SU(26/08/2021)