Banu v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 21957 of 2019 and W.M.P. Nos. 21186 and 21191 of 2019

1. Banu

2. Saravanan

3. Sriraman

4. Muniyandi

5. Soundhara Rajan

6. Thiyagarajan ... Petitioners -vs1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, RTO Road, Vellore Range, Vellore - 632 009.

2. The Inspector, Hindu Religious and Charitable Endowments Department, Arakkonam, Vellore District.

3. The Executive Officer, Arulmigu Kongneeswarar Temple, Kaveripakkam, Nemili Taluk, Vellore District.

4. The Inspector of Police, Kaveripakkam Police Station, Vellore District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to decide the Petition on merits by the Petitioners on 27.11.2018 to allow the Petitioners to stay in their houses as tenants on payments of fixed fair rent at the earliest.

For Petitioner :

No Appearance For Respondents :

Mr. M. Maharaja, Special Government Pleader (for R1 to R3) Mr. R. Venkatesh, Government Advocate, (for R4)

O R D E R

The Writ Petition has been filed for a direction to the First Respondent to decide the Petition filed by the Petitioners on 27.11.2018 to treat the Petitioners as tenants on payment of fixed fair rent.

2.

Learned Special Government Pleader appearing for the First to Third Respondents, on instructions, states that the Petition filed by the Petitioners on 27.11.2018 has been considered by the First Respondent and order Na. Ka. No. 10682/2019/Aa1 dated 27.09.2019 has been passed stating that it is not possible to treat the Petitioners as tenants as they are encroachers and that action under Section 78(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, would be taken by the Third Respondent. Nothing remains for further consideration in the matter.

3.

Recording the aforesaid subsequent events, the Writ Petition stands disposed. If the Petitioners still have any grievance to be redressed in the matter, it is open to them to work out their remedy for necessary relief before the competent forum in the manner recognized by law. Consequently, the connected Miscellaneous Petitions are closed. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vjt

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, RTO Road, Vellore Range, Vellore - 632 009.

2. The Inspector, Hindu Religious and Charitable Endowments Department, Arakkonam, Vellore District.

3. The Executive Officer, Arulmigu Kongneeswarar Temple, Kaveripakka, Nemili Taluk, Vellore District.

4. The Inspector of Police, Kaveripakkam Police Station, Vellore District.

+1 cc to government Pleader sr85528 W.P. No. 21957 of 2019 rjl(co) aa21/10/2019