A.B.Venkatesan v. The Joint Commissioner
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.B. Venkatesan
...Petitioner
Vs
1. The Joint Commissioner HR&CE Department, Kagithapatarai, Vellore-12.
2. The Assistant Commissioner, HR&CE Department, Kagithapatarai, Vellore- 12
3. The Administrative Officer, Arulmigu Tharageswarar Temple, Thottapalayam, Vellore -4
4. The Executive Officer, Office of the Executive Officer, Arulmigu tharageswarar Temple, Thottapalayam, Vellore - 632 004.
...Respondents
1/7
PRAYER: This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the lock and seal put up by the 4th respondent on 21.01.2023 and allow the petitioner to run the commercial shop situated at No.2/2 Katpadi Road, Thottapalayam, Vellore-632 004 with a consequential direction to the respondents to fix a fair rent for the said commercial shop within a stipulated time and pass orders.
For Petitioner : Mrs. S. Sri Ranjiji For Respondents : Mr.N.R.R. Arun Natarajan Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking a direction to the respondents to remove the lock and seal put up by the 4th respondent on 2101.2023 and allow the petitioner to run the commercial shop situated at No.2/2 Katpadi Road, Thottapalayam, Vellore-632 004 with a consequential direction to the respondents to fix a fair rent for the said commercial shop.
2.The case of the petitioner is that the petitioner is running a commercial shop belonging to Arulmigu Thargeswarar Temple situated at Thotta palayam, Vellore - 632 004 for more than 20 years and there was 2/7
no default on payment of rent by the petitioner. As the shop was closed for two years due to covid-19, the petitioner made a representation with regard to fixing of fair rent on 12.03.2022 and 26.07.2022 respectively. However, the same was not considered. While so, the petitioner paid an amount of Rs.25,000/- on 15.02.2022 and Rs.25,000/- on 05.03.2022 and Rs.50,000/- on 21.01.2023 towards arrears of rent. Inspite of the same the 4th respondent locked the shop on 21.01.2023 towards non-payment of arrears of rent and on 07.03.2023 the 4th respondent issued notice to the petitioner to pay an amount of Rs.4,93,900/- towards arrears of rent within 7 days from the date of receipt of the said notice other wise action will be taken under Section 78,79(b) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
Thereafter, the respondent issued another notice to the petitioner on 30.09.2023 stating that the total rent arrears was Rs.5,44,993/-. When this being the case the petitioner has approached the respondents several times to remove the lock and seal put up in the shop by the 4th respondent. However, the same was not considered. Hence, this petition.
3/7
3. The learned counsel for the petitioner submitted that he has given a representation to the third respondent to fix a fair rent on 26.07.2022 and to remove the lock and seal put up by the 4th respondent in the shop on 21.01.2023, since the livelihood of the petitioner depends upon the income from the shop. Hence, he seeks direction to the respondents to consider the petitioner's representation dated 21.01.2023 and pass orders.
4.The learned Additional Government Pleader appearing for the respondents submitted a letter dated 10.05.2024 written by the Executive officer of the temple wherein, it is seen that on 21.01.2023 the shop was sealed and inspite of the assurance made by the petitioner that he will be make the payment without any default, the seal and lock was removed and the petitioner was permitted to run the shop. However, the petitioner has not come forward to clear his dues. Hence, prays to dismiss this petition.
5. I have given anxious consideration to either side submissions and perused the materials available on records. 4/7
6. On a perusal of records it is seen that this Court has already passed an interim order on 04.06.2024 and directed the petitioner to pay a sum of Rs.3,00,000/- to the 4th respondent on or before 04.07.2024 and the remaining amount of Rs.2,44,993/- to be paid on or before 05.08.2024. If the petitioner fails to pay the amount of Rs.3,00,000/- on or before 04.07.2024, the respondents are at liberty to take action against the petitioner in the manner known to law and directed the Registry to list the matter on 08.07.2024. Inspite of the order passed by this Court the petitioner has not turn up and not even paid Rs.3,00,000/- which is the first installment amount to be paid.
7. At this juncture the learned counsel for the petitioner submitted that due to some financial constraints he was no able to comply with the orders passed by this Court and unable to pay the arrears of rent.
8. In view of the above, this Court directs the petitioner to vacate from the premises in question and handover the possession of the same to the respondent on or before 11.07.2024 without fail, failing which, the 5/7
Respondent can evict the petitioner through the help of local police if necessary. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.
08.07.2024 Index:Yes/No Speaking order/Non-speaking order smn To.
1. The Director of Municipal Administration
1. The Joint Commissioner HR&CE Department, Kagithapatarai, Vellore-12.
2. The Assistant Commissioner, HR&CE Department, Kagithapatarai, Vellore- 12
3. The Administrative Officer, Arulmigu Tharageswarar Temple, Thottapalayam, Vellore -4
4. The Executive Officer,Offce of the Executive Officer, Arulmigu tharageswarar Temple, Thottapalayam, Vellore - 632 004.
6/7
V.BHAVANI SUBBAROYAN,J.
smn W.P.No.12605 of 2024 08.07.2024 7/7