Madras High CourtWP/27567/2017dismissed

S.Pandurangan, v. The Secretary

2017-10-26Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.27567 of 2017 1 S.Pandurangan S/o.P.Subramani, Prop. of M/s.S.L.Auto Mobiles, Shop at No.47/1, Poonamallee Bypass Road, (Opp. MTC Bus Depot), Chennai-56.

...Petitioner

Vs 1 The Secretary Govt. of Tamilnadu, Department of Tamil Development and Religious Endowments, Fort St.George, Chennai-09.

2 The Commissioner, HR & CE Department, Nungambakkam, Chennai-34.

3 The Joint Commissioner, HR & CE Department, Nungambakkam, Chennai-34.

4 The Executive Officer, Arulmigu Thirukachi Nambigal Varadaraja Perumal Temple, Poonamallee, Tiruvallur District.

5 The Collector Tiruvallur District, Tiruvallur.

6 The Superintendent of Police, O/o.the Superintendent of Police, Tiruvallur District, Tiruvallur.

7 The Inspector of Police, (Law and Order) Poonamallee Police Station, Poonamallee, Chennai-56.

8 G.Pachiappan

...Respondents

PRAYER:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the 1st to 7th Respondents to consider the petitioner representation dated 25.10.2017 and the petitioner accept all the terms and conditions of the department of the 4th respondent concerned and the petitioner ready to Pay Rs.3,60,000 (Rupees Three Lakhs Sixty Thousand Only) today itself by the way of DD and 4th respondent to accept D.D. for Rs.3,60,000/- (D.D. Amount Rs.90 000/- * 4 = Rs.3,60,000/-).

For Petitioner : Mr.P.Ayya Swamy For Respondents : Mr.M.Maharaja for R1 to R4 Special Government Pleader Mr.R.Senthilvel for R5 to R7 Government Advocate

O R D E R

This writ petition is filed seeking for the following relief:

To issue a writ of mandamus to direct the 1st to 7th Respondents to consider the petitioner's representation dated 25.10.2017 and the petitioner accept all the terms and conditions of the department of the 4th respondent concerned and the petitioner ready to Pay Rs.3,60,000 (Rupees Three Lakhs Sixty Thousand Only) today itself by the way of DD and 4th respondent to accept D.D. for Rs.3,60,000/- (D.D. Amount Rs.90 000/- * 4 = Rs.3,60,000/-).

2.Heard Mr.P.Ayyaswamy, learned counsel appearing for the petitioner, Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.P.Senthilvel, learned Government Advocate appearing for the respondents 5 to 7. 3.The petitioner claims to be the tenant under one Pachaiappan, who in turn claimed to be the tenant under the respondent temple. Now, the present writ petition is filed for considering the petitioner's representation to accept his payment of rent by the temple authorities.

4.Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents submitted that this morning, all encroachments are removed, as the petitioner herein is not the tenant under the temple. When such being the factual position, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition fails and the same is dismissed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vri To 1 The Secretary Govt. of Tamilnadu, Department of Tamil Development and Religious Endowments, Fort St.George, Chennai-09.