G.Seetharaman v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.05.2022 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.13121 of 2022 G.Seetharaman S/o.Gopal .. Petitioner Vs.
1.The Joint Commissioner, JCK Nagar, Hindu Religious and Charitable Endowments, Chengalpet.
2.The Deputy Commissioner, Thangavelar Street, Hindu Religious and Charitable Endowments, Kancheepuram District.
3.The Executive Officer, Arulmigu Anjuramman Vagaiyara Temple, Anjuramman Kovil Street, Sothupakkam Village, Kancheepuram District - 603 319.
4.The Thasildhar, Cheyyur Taluk, Chengalpet District.
5.The Block Development Officer, Chithamur, Cheyyur Taluk, Chengalpet District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 20.04.2022 and consequently direct the respondents 4 and 5 to conduct enquiry in accordance with law.
For Petitioner : Mr.L.Ramu For Respondents: Mrs.V. Yamuna Devi Special Government Pleader *****
ORDER
[Made by S.M.SUBRAMANIAM, J] The relief sought for in the writ petition on hand, is to direct the respondents 1 and 2 to consider the representation submitted by the writ petitioner on 20.04.2022.
2. Even for issuing a direction to consider the representation, the petitioner has to establish a right and in the absence of any such right, Courts would not issue any such direction to consider the representation. Merely issuing a direction to consider the representation would do no service to the cause of justice. Contrarily, the issues raised are to be adjudicated in an appropriate manner in accordance with the provisions of the Act and Rules by the Competent Authority. This apart, there are appeal provisions are also contemplated under the Statute.
3. In the present case, the petitioner states that he is in occupation of the building belongs to Arulmigu Anjuramman Vagaiyara Temple and he is paying rent to the Temple Authorities. However, the petitioner could not able to establish before this Court whether he is a holder of a valid lease or not. Under the provisions of the Hindu Religious and Charitable Endowments Act, lease can be granted for a maximum period of five years and further extension will be granted only with the prior permission of the Commissioner, Hindu Religious and Charitable Endowments Department. All these aspects are to be adjudicated before the Competent Authority in the manner known to law.
4. In view of the fact that the petitioner has not established any right for granting the relief, the respondents are directed to adjudicate the issues with reference to the documents and evidence available and accordingly, initiate all appropriate actions in the manner known to law as expeditiously as possible, preferably, within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioner is at liberty to place all his documents before the Authorities, Hindu Religious and Charitable Endowments Department, who, in turn, has to consider all the aspects on merits and in accordance with law.
With these directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar
gm/mp To
1. The Joint Commissioner, JCK Nagar, Hindu Religious and Charitable Endowments, Chengalpet.
2. The Deputy Commissioner, Thangavelar Street, Hindu Religious and Charitable Endowments, Kancheepuram District.
3. The Executive Officer, Arulmigu Anjuramman Vagaiyara Temple, Anjuramman Kovil Street, Sothupakkam Village, Kancheepuram District - 603 319.
4. The Thasildhar, Cheyyur Taluk, Chengalpet District.
5. The Block Development Officer, Chithamur, Cheyyur Taluk, Chengalpet District.
+2 ccs to Mr.L.Ramu, Advocate Sr.NO. 31636,31656 +1 cc to Government Pleader Sr.NO. 31677,31681 +1 cc to Spl Government Pleader(HR & CE)Sr.31691 (30/05/2022) Writ Petition No.13121 of 2022 SSI(CO) A.SK(27/05/2022)