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Madras High CourtWP/12441/2018disposed of

Mr.K. Manoharan v. The Executive Officer

2018-05-16Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2018

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 12441 of 2018 And W.M.P.Nos. 14574 and 14575 of 2018 Mr.K.Manoharan ....Petitioner Vs.

The Executive Officer, Veerasami Water Pandal Charity of Arulmigu Marundeeswarar Temple, Thiruvanmiyur, Chennai.

.....Respondent PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in connection with his notice dated 02.04.2018 in letter No.68/1427 issued in connection with the property at Door No.145/68, Kalki Krishnamurthi Salai, Chennai - 600041, and quash the same and direct the respondents not to interfere with the possession of the petitioner over the above property without following the due process of law. *** For Petitioner : Mr.R.Srinivas For Respondent : Mr.A.K.Sriram and Mr.Maharaja Special Government Pleader

O R D E R

Mr.A.K.Sriram and Mr.Maharaja, learned Special Government Pleader takes notice for the respondent.

2.

By consent, the main Writ Petition itself is taken up for disposal.

3.

Aggrieved by a notice dated 02.04.2018 issued by the respondent in letter No.68/1427, the petitioner had been directed to vacate the property and that he would have to pay compensation at the rate of Rs.1,45,000/- per month. This https://hcservices.ecourts.gov.in/hcservices/

compensation has to be paid from 01.07.2016 till 31.03.2018 and the arrears were fixed at Rs.19,65,726/-.

4.

Heard Mr.A.K.Sriram and Mr.Maharaja, learned Special Government Pleader, who took notice on the side of the respondent.

5.

It appears that there is an earlier Writ Petition pending wherein the petitioner got an order of stay from eviction.

6.

The learned counsel for the respondent states that the respondent has every right to fix a higher rent for the petitioner.

7.

The respondent is at liberty to approach the appropriate forum in accordance with law if they are aggrieved with the possession of the petitioner.

8.

With such observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsg/rpl To The Executive Officer, Veerasami Water Pandal Charity of Arulmigu Marundeeswarar Temple, Thiruvanmiyur, Chennai.

+1 CC to Mr.R. Srinivas, Advocate sr 33619.

W.P.No. 12441 of 2018 And W.M.P.Nos. 14574 and 14575 of 2018 SP(22/05/2018) https://hcservices.ecourts.gov.in/hcservices/