Rajendrakumar v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.Nos.17620, 17625, 17627, 17630, 17632 of 2021 & W.M.P.Nos.18771, 18773, 18757, 18763, 18766 of 2021 Rajendrakumar
...Petitioner in W.P.No.17620/2021
K.Kamalakannan
...Petitioner in W.P.No.17625/2021
A.Kuberan
...Petitioner in W.P.No.17627/2021
B.Loganathan
...Petitioner in W.P.No.17630/2021
R.Sugumar
...Petitioner in W.P.No.17632/2021
Vs.
1. The Joint Commissioner Chennai Zone-1 HR & CE Department No.127, Yadhaval Street Padi, Chennai - 600 050
2. The Assistant Commissioner Chennai Zone-1 HR & CE Department No.127, Yadhaval Street Padi, Chennai - 600 050
3. The Executive Officer Arulmighu Sowmiya Dhamodharaperumal Thirukoil Konoor, Villivakkam Chennai - 19
...Respondents in all W.Ps
Common Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the Respondents 1 and 2 to dispose the representation of the petitioner dated 14.08.2021 and permit the petitioner to run the shop.
For Petitioner : Mr.B.Kumarasamy(in all W.Ps)
For Respondents : Mr.N.R.R.Arun Natarajan Government Advocate (HR & CE) (in all W.Ps) COMMON ORDER This common order will dispose of captioned five writ petitions and 'Writ Miscellaneous Petitions' ('WMPs' in plural and 'WMP' in singular for the sake of brevity).
2. Mr.B.Kumarasamy, learned counsel for writ petitioners in captioned five writ petitions is before this Virtual Court. Captioned writ petitions are listed in the admission Board i.e., under the caption 'FOR ADMISSION' and when the matters were taken up, Mr.N.R.R.Arun Natarajan, learned State counsel accepted notice on behalf of all the three respondents.
3. This Court, with the consent of learned counsel on both sides i.e., learned counsel for writ petitioner and learned State counsel, took up the captioned main writ petitions for disposal. Owing to the narrow compass on which the matters turn, it is not necessary to dilate much on facts. In other words, short facts shorn of elaboration will suffice.
4. Factual matrix in a nutshell is that the writ petitioners are lessees under 'Arulmighu Sowmiya Dhamodharaperumal Thirukoil at Konoor, Villivakkam' (hereinafter 'said temple' for the sake of convenience) in respect of various demised portions; that the third respondent i.e, Executive Officer of said temple issued individual notices dated 06.08.
2021 to the writ petitioners/lessees; that these individual notices inter alia say that the lease is terminated and call upon the writ petitioners/lessees to deliver possession of the respective demised portions and more importantly, says that proceedings under Section 78 of 'The Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity] would be initiated; that the petitioners have not challenged the individual notice sent to the writ petitioners, but the writ petitioners have chosen to send individual representations dated 14.08.2021 (Saturday) and have come up with captioned writ petitions which have been filed two working days later i.e., on 18.08.2021 (to be noted, 15.08.2021 is Sunday and Independence day).
The prayer in the writ petitions is mandamus simplicitor qua Respondents 1 and 2 to dispose of the representations.
5. However, as the matter turns on narrow compass and as disposal of representations will create a separate tributary, which will only protract the matter, in the interest of both
sides, captioned writ petitions are disposed of by way of a consent order with directives, details of which will be set out infra.
6. Before I do that, it is necessary to capture the stated position of the State counsel. Learned State counsel submits that said temple would resort to proceedings under Section 78 of TN HR & CE Act. To be noted, under Section 78 of TN HR & CE Act, there is a legal fiction that a lessee on lease being terminated, would become an encroacher and can be subjected to proceedings under Section 78, but it is not necessary to elaborate any further on these aspects of the matter owing to the limited perimeter of this matter. The more important stated position of the State counsel is that as said temple intends to initiate proceedings under Section 78 of TN HR & CE Act for taking possession of the demised properties/shops, if that be so, will obviously be subject to/dependent on the orders under Section 78 and taking possession can be only under sub-section
(4) of Section 78 of TN HR & CE Act. In other words, dehors Section 78 proceedings, there will be no dispossession. This draws the curtains on the anxiety of the writ petitioners. Learned State counsel submits that writ petitioners are in arrears of rent, but this is disputed by the writ petitioners' counsel. This Court refrains itself from expressing any opinion or view on this aspect of the matter as the matter is being relegated qua quasi judicial proceedings under Section 78 of TN HR & CE Act. Therefore, the following consent order is passed: a) The said Temple i.e., Arulmighu Sowmiya Dhamodharaperumal Thirukoil shall initiate proceedings under Section 78 of TN HR & CE Act before the first fortnight of ensuing September 2021 elapses. In other words, the proceedings shall be initiated on or before 15.09.2021.
b) In the proceedings under Section 78 of TN HR & CE Act, all necessary parties shall be arrayed as respondents;
c) Joint Commissioner under the TN HR & CE Act who is statutorily vested with the power to deal with petitions under Section 78 shall adjudicate upon the Section 78 petitions, on their own merits and in accordance with law and dispose of the same as expeditiously as possible/as his business would permit and in any event on or before 31.12.2021.
d) Though obvious, it is made clear that no opinion or view on the rival contentions and merits of the matter is expressed in this order and all questions are left open to be adjudicated, canvassed and decided by the quasi judicial Authority in exercise of powers under Section 78 of TNHR & CE Act.
All writ petitions are disposed of with above directives. Consequently, the connected WMPs are also closed. There shall be no order as to costs.
s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar gpa To
1. The Joint Commissioner Chennai Zone-1 HR & CE Department No.127, Yadhaval Street Padi, Chennai - 600 050
2. The Assistant Commissioner Chennai Zone-1 HR & CE Department No.127, Yadhaval Street Padi, Chennai - 600 050
3. The Executive Officer Arulmighu Sowmiya Dhamodharaperumal Thirukoil Konoor, Villivakkam Chennai - 19 +5 Ccs to Mr.B.Kumarasamy, Advocate sr 42244 to 42248 +1 CC to The Government Pleader sr 42796 to 42800. W.P.Nos.17620, 17625, 17627, 17630, 17632 of 2021 & W.M.P.Nos.18771, 18773, 18757, 18763, 18766 of 2021 GPL(CO) SP(09/09/2021)