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Madras High CourtWP/20504/2002dismissed

S. Daivasigamani. v. The Govt.Of Tamilnadu, Rep.By

2015-09-09Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.20504 of 2002 S.Daivasigamani

...Petitioner

Vs.

1. The Government of Tamil Nadu, Rep. by the Secretary, Commercial Taxes & Religious Endowments Department, Fort St. George, Chennai-600 009.

2. The Assistant Commissioner-cum- Executive Officer, Arulmighu Arunachaleswarar Temple, Tiruvannamalai, Tiruvannamalai District.

...Respondents

Petition is filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records of the second respondent herein in Na.Ka.No.625/2000/A.3 dated 10.04.2002 and quash the same.

For Petitioner :

Mr.AR.L. Sundaresan SC for Mr.AL.Gandhimathi For respondents :

Mr.Sriram for M/s A.S.Kailasam & Co for R2 Mr.P.Sanjay Gandhi, Additional Government Pleader

ORDER

This writ petition has been filed challenging the fair rent fixed by the second respondent. Admittedly, an appeal would lie under Section 34(A)(3) of the Hindu Religious and Charitable https://hcservices.ecourts.gov.in/hcservices/

Endowments Act. Thus, the writ petition is dismissed in view of the alternative remedy available to the petitioner. The petitioner is at liberty to file an appeal, if he is so advised. If the petitioner files an appeal, the appellate authority is directed to dispose of the same within a period of four weeks from the date of filing of such an appeal, without rejecting the same on the ground of limitation. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar raa

1. The Secretary, Government of Tamil Nadu, Commercial Taxes & Religious Endowments Department, Fort St. George, Chennai-600 009.

2. The Assistant Commissioner-cum- Executive Officer, Arulmighu Arunachaleswarar Temple, Tiruvannamalai, Tiruvannamalai District.

1 CC to M/s A.S.Kailasam & Associates, Advocate SR.No. 49160 1 CC to Mr.AL.Gandhimathi, Advocate SR.No. 49219 1 CC to the Government Pleader (H$ & CE), SR.No. 49815 W.P.No.20504 of 2002 KM (CO) PSI (25.09.2015) https://hcservices.ecourts.gov.in/hcservices/