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Madras High CourtWP/26999/2014disposed of

D.Palaniammal, v. The Joint Commissioner,

2017-04-11Honourable Mr Justice M.Duraiswamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.26999 of 2014 and M.P.Nos.1 of 2014 & 1 of 2015 D.Palaniammal ... Petitioner Vs.

1.The Joint Commissioner, Endowment Department, Kottai Mariamman Koil, Salem - 1.

2.The Deputy Commissioner, Endowment Department, Namakkal.

3.A/m.Rajakaruppannaswamy Temple rep by its Trustee, Kaliyanur Village, Tiruchengode Taluk, Namakkal District.

4.S.Palanisamy ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 to fix a fair rent, to receive the rent and issue receipt, for the lands measuring 3.00 acres comprised in S.No.33/3A, Kaliyanur Village, Tiruchengode Taluk, Namakkal District by considering the petitioner's representation dated 21.07.2014 in

accordance with the procedure established by law. For Petitioner : Mr.N.Manokaran For Respondents : Mr.Maharaja, Special Government Pleader (R1 & R2) Mr.M.S.Palanisamy (R3 & R4)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 1 to 3 to fix a fair rent, to receive the rent and issue receipt, for the lands measuring 3.00 acres comprised in S.No.33/3A, Kaliyanur Village, Tiruchengode Taluk, Namakkal District by considering the petitioner's representation dated 21.07.2014 in accordance with the procedure established by law.

2.The learned counsel appearing for the petitioner submitted that though the petitioner has given a representation dated 21.07.2014 to the respondents 1 & 2 to fix the fair rent, to receive the rent and issue receipt for the lands measuring 3.00 acres, the respondents 1 & 2 have not considered the same yet.

3.Mr.Maharaja, learned Special Government Pleader appearing for the respondents 1 & 2 submitted that the respondents 1 & 2 may be directed to consider the petitioner's representation in accordance with law within a time

frame.

4.Mr.M.S.Palanisamy, learned counsel appearing for the respondents 3 & 4 also submitted that the respondents 1 & 2 may be directed to consider the petitioner's representation in accordance with law. 5.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the respondents 1 & 2 to consider the petitioner's representation 21.07.2014 and pass orders, after giving notice to the respondents 3 & 4, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Index : No 11.04.2017 Internet : Yes va To 1.The Joint Commissioner,

Endowment Department, Kottai Mariamman Koil, Salem - 1.

M.DURAISWAMY, J.

va 2.The Deputy Commissioner, Endowment Department, Namakkal.

W.P.No.26999 of 2014 and M.P.Nos.1 of 2014 & 1 of 2015

11.04.2017 http://www.judis.nic.in