G.Seetharaman v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI G.Seetharaman .. Petitioner Vs.
1.The Joint Commissioner, Hindu Religious and Charitable Endowments, JCK Nagar, Chengalpet.
2.The Executive Officer, Arulmigu Ajuramman Vagaiyara Temple, Anjuramman Kovil Street, Sothupakam Village, Kancheepuram District - 603 319.
3.The Revenue Divisional Officer, Maduranthagam, Chengalpet District.
4.The Thasildhar, Cheyyur Taluk, Chengalpet District.
5.The Block Development Officer, Chithamur, Cheyyur Taluk, Chengalpet District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 4th 1/6
respondent to approach the 2nd respondent and consequently conduct enquiry in accordance with law.
For Petitioner :
Mr.L.Ramu For Respondents :
Mr.S.Ravichandran, Spl. Govt. Pleader (H.R. & C.E.) for R1 and R2 Mr.A.Selvendran, Spl. Govt. Pleader for R3 and R4 Mr.P.Ganesan, Govt. Advocate for R5
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.,] By consent, the main writ petition itself is taken up for final disposal at the admission stage.
2. This writ petition has been filed for the issuance of a writ of mandamus to direct the 4th respondent to approach the 2nd respondent and consequently conduct an enquiry in accordance with law.
3. It is the case of the petitioner that he is the tenant under the second respondent in respect of the property comprised in S.No.156 and he has been paying the rent regularly. After obtaining proper 2/6
permission from the second respondent, the petitioner constructed a house in S.No.156 and obtained electricity connection and water connection. While so, the fifth respondent issued a notice dated 02.12.2021 directing the petitioner to remove the encroachments made in S.No.157 and the petitioner also submitted his explanation/objection to the fifth respondent, who in turn communicated the same to the 1st respondent. Thereafter, without proper enquiry,the fourth respondent issued a letter dated 03.02.2022 to the fifth respondent stating that the property in possession of the petitioner comes under S.No.157. Pursuant to the land survey conducted by the fourth respondent, the petitioner filed W.P.No.13121 of 2022, which was disposed of on 18.05.
2022 with liberty to the petitioner to place all documents before the authorities for consideration. However, after a period of two years, the fourth respondent issued a show cause notice dated 26.04.2024 stating that the petitioner is in unauthorized occupation of S.No.157. The petitioner submitted a representation dated 29.04.2024 to the fourth respondent to consider his request as directed by this Court vide order dated 18.05.2022.
filed.
5. Heard the learned counsel on either side.
6. Considering the facts and circumstances of the case, without going into the merits of the case, the fourth respondent is directed to consider the representation of the petitioner dated 29.04.2024 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving notice to the interested parties.
7. With the above direction, the writ petition is disposed of. No costs.
(A.D.J.C.,J.) (R.K.M.,J.) 08.05.2024 Index : Yes / No mmi/kj To 1.The Joint Commissioner, 4/6
Hindu Religious and Charitable Endowments, JCK Nagar, Chengalpet.
2.The Executive Officer, Arulmigu Ajuramman Vagaiyara Temple, Anjuramman Kovil Street, Sothupakam Village, Kancheepuram District - 603 319.
3.The Revenue Divisional Officer, Maduranthagam, Chengalpet District.
4.The Thasildhar, Cheyyur Taluk, Chengalpet District.
5.The Block Development Officer, Chithamur, Cheyyur Taluk, Chengalpet District.
5/6
A.D.JAGADISH CHANDIRA, J., and R.KALAIMATHI, J., mmi/kj 08.05.2024 6/6