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Madras High CourtWP/15401/2017disposed of

M.Kamala, v. Joint Commissioner,

2017-06-20Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.15401 of 2017 M. Kamala ... Petitioner Vs.

1. Joint Commissioner, Joint commissioner Office, Hindu Religious Charitable Endowments, Salem - 1

2. Assistant Commissioner, Assistant Commissioner Office, Hindu Religious Charitable Endowments, Namakkal.

3. Executive Officer, (Incharge) Arulmigu Sevantheeswarar Thirukkoil Seerapalli, Arulmigu Mariamman Thirukkoil, Pudhupatti, Rasipuram Taluk, Namakkal District.

4. Mr. Chinnakaali Hereditary Trustee of Arulmigu Sevvantheeswarar Thirukkoil, Seerapalli Town Panchayat, Seerapalli Post, Rasipuram Taluk, Namakkal - 637 406 ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 2,3 & 4 on petitioner's representation dated 01.06.2017 to determine the lawful rent and collect the same from the petitioner and further recognize the petitioner as a tenant by issuing receipt to continue the tea shop at Old Door No. 142, New Door No.187, Aathur Main Road, Seerapalli Post, Rasipuram Taluk, Namakkal - 637 406.

For Petitioner : Mr.G. Peranban For Respondent : Mr.M. Maharaja, Special Government Pleader (HR & CE)(R1 to R3)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 2, 3 & 4 to consider the petitioner's representation dated 01.06.2017 to recognise her as a lawful tenant by issuing receipt to continue the tea shop at Old Door No. 142, New Door No. 187, Aathur Main Road, Seerapalli Post, Rasipuram Taluk, Namakkal.

2.The learned counsel appearing for the petitioner submitted that pursuant to the petitioner's representation dated 01.06.2017 given to the 4th respondent, enquiry was conducted. However, the 4th respondent has not passed any order so far. 3.Mr.M.Maharaja, learned Special Government Pleader taking notice for the respondents 1 to 3 submitted that the 4th respondent may be directed to pass orders, in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 4th respondent to consider the petitioner's representation dated 01.06.2017 and pass orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar va/nl

To

1. Joint Commissioner, Joint commissioner Office, Hindu Religious Charitable Endowments, Salem - 1

2. Assistant Commissioner, Assistant Commissioner Office, Hindu Religious Charitable Endowments, Namakkal.

3. Executive Officer, (Incharge) Arulmigu Sevantheeswarar Thirukkoil Seerapalli, Arulmigu Mariamman Thirukkoil, Pudhupatti, Rasipuram Taluk, Namakkal District.

4. Mr. Chinnakaali Hereditary Trustee of Arulmigu Sevvantheeswarar Thirukkoil, Seerapalli Town Panchayat, Seerapalli Post, Rasipuram Taluk, Namakkal - 637 406 +1 cc to M/s.G.Peranban Advocate sr 43071 +1 cc to the Government pleader sr 43339 W.P.No.15401 of 2017 sj(co) aa04/07/2017