Madras High CourtWP/17393/2018disposed of

M.Tamilarasi, v. The Joint Commissioner,

2018-07-12Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.17393 of 2018 and W.M.P. No.20678 of 2018 1.M.Tamilarasi 2.S.Ramesh 3.P.Shanmugam 4.R.Karunanidhi 5.Kaleel Basha 6.K.Vijaya ..

Petitioners -vs1.The Joint Commissioner, Hindu Religious & Charitable Endowment, Aulmighu Kottai Mariamman Thirukoil Campus, Kottai, Salem-636 001.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment, Aulmighu Kottai Mariamman Thirukoil Campus, Kottai, Salem-636 001.

3.The Executive Officer, Aulmighu Kottai Mariamman Thirukoil, Kottai, Salem-636 001.

Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to accommodate the petitioners in any unobjectionable place at Arulmighu Sri Kottai Mariamman Temple premises, Salem until the completion of the temple renovation work and consequently direct the respondents 1 and 2 to accept the handing over of their respective shops by the petitioners to the temple authorities by considering and passing orders on the representation of the petitioners dated 21.05.2018 and 25.06.2018.

For Petitioners ::

Mr.K.Selvaraj For Respondents ::

Mr.M.Maharaja, Special Government Pleader for R1 and R2 Mr.R.Bharanidharan for R3

ORDER

The petitioners have come to this Court seeking a direction to respondents 1 and 2 to accommodate them in any unobjectionable place at Arulmighu Sri Kottai Mariamman Temple premises, Salem until the completion of the temple renovation work and a further direction to accept the handing over of their respective shops to the temple authorities by considering and passing orders on their representations dated 21.05.2018 and 25.06.2018.

2.The case of the petitioners is that they are eking out their livelihood by selling pooja items and other household items in the shop of Arulmighu Sri Kottai Mariyamman Temple, Salem for more than thirty years and they have been paying the monthly rent to the temple authorities. While this is so, the Executive Officer, the third respondent herein has issued an Eviction Order dated 17.05.2017 directing them to vacate the shops within three days on the ground that the temple is under renovation and as against the same, the petitioners have filed Writ Petition in W.P. Nos.13405 to 13409 of 2017. This Court, by order dated 25.05.2017, directed the petitioners to hand over the vacant possession of the said shops to the Temple within a period of two weeks. Thereafter, the petitioners have filed Writ Petitions in W.P. No.

16317 to 16322 of 2017 before this Court seeking a direction to the respondents to accept the handing over of possession of the shops and the same are pending. While so, the Executive Officer of the Temple has filed Review Application Nos.119 to 124 of 2017 against W.P. Nos.13405 to 13409 of 2017. This Court, by order dated 13.02.2018 modified the earlier order dated 25.05.2017 and ordered the authorities of the Temple to accommodate the petitioners in any other place within the temple until the completion of the new construction is over and directed the petitioners to vacate the shops within a period of two weeks. As against the said order, the petitioners have filed Writ Appeal Nos.706 to 711 of 2018. The Division Bench of this Court by order dated 11.04.

2018 has granted another eight weeks to vacate and hand over the possession of their respective shops.

3.Learned counsel for the petitioners undertook to vacate and hand over the temple premises on or before 16.07.2018. However, the learned counsel for the petitioners would submit that while handing over of the temple premises, a proof for the same is required for the reason that the authorities should not again claim rental arrears.

4.Considering the submission made by the learned counsel for the petitioners, the Executive Officer, the third respondent herein shall issue the acknowledgement cards on handing over of the temple premises by the petitioners on or before 16.07.2018. Thereafter, the Assistant Commissioner, the second respondent is directed to consider the representations dated 21.05.2018 and 25.06.2018 given by the petitioners. Accordingly, this writ petition is disposed of. No costs. Consequently, connected W.M.P. is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vga To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment, Aulmighu Kottai Mariamman Thirukoil Campus, Kottai, Salem-636 001.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment, Aulmighu Kottai Mariamman Thirukoil Campus, Kottai, Salem-636 001.

3.The Executive Officer, Aulmighu Kottai Mariamman Thirukoil, Kottai, Salem-636 001.

+1cc to Mr.R.KARTHIKEYAN, Advocate, S.R.No. 45834 +1cc to Mr.K.Selvaraj Advocate, S.R.No.45906(13.07.2018) W.P. No.17393 of 2018 and W.M.P. No.20678 of 2018 TR(12/07/2018)