S.Sekar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA W.P No. 21656 of 2025 S.Sekar ... Petitioner Vs

1. The Commissioner, Corporation of Chennai, Rippon Buildings, P.H. Road, Vepery, Chennai-3.

2.The Food Safety Commissioner, DMS Buildings, 359, Anna Salai, Teynampet, Chennai-6.

3.Revenue Officer, Zone-5, Corporation of Chennai, 9 Chidambaram, 7th Street, Chidambaram Nagar, Basin Bridge, Chennai-1.

4.The Executive Officer, Egambraeshwarar Temple, Thanga Salai, Mint Chennai-600 003.

.... Respondents Writ petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the Respondents to renew the license without insisting No Objection from 4th respondent/ Temple authority. 1/4

For Petitioner : Mr.B.Manoharan For Respondents : Mr.S.Gopinathan, Standing counsel, for R1 and R3 Mr.Tippusulthan, Government Advocate, for R2 Mr.N.R.R.Arun Natarajan, SGP, for R4

O R D E R

Writ petition is filed for a writ of mandamus, directing the respondents to renew the license of the petitioner without insisting on No Objection Certificate from the Temple Authority, 4th respondent herein.

2. When the matter is came up for hearing before this court, the learned counsel for the 3rd respondent submitted that the petitioner is a encroacher and that proceedings under Section 78 of the HR & CE Act, were invoked for eviction of the petitioner. The learned counsel on instructions submits that orders in proceedings under Section 78 of the Act were passed on 18.06.2025, for eviction of the petitioner and the subtenant, one Saraswathi.

3. In view of the fact that the eviction order is already passed by the 2nd respondent, against the petitioner under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the prayer in the writ petition 2/4

cannot be entertained.

In any event, liberty is granted to the petitioner to challenge the eviction order dated 18.06.2025, in the manner known to law, if so advised. The writ petition is accordingly disposed of. No costs. 20.06.2025 dsn Index:Yes/No Speaking Order:Yes/No To

1. The Commissioner, Corporation of Chennai, Rippon Buildings, P.H. Road, Vepery, Chennai-3.

2.The Food Safety Commissioner, DMS Buildings, 359, Anna Salai, Teynampet, Chennai-6.

3.Revenue Officer, Zone-5, Corporation of Chennai, 9 Chidambaram, 7th Street, Chidambaram Nagar, Basin Bridge, Chennai-1.

4.The Executive Officer, Egambraeshwarar Temple, Thanga Salai, Mint Chennai-600 003.

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N. MALA, J.

dsn W.P No. 21656 of 2025 20.06.2025 4/4