Santhiran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI
1. Santhiran
2. Palani
3. Pannerselvam
4. Thesamuthu
5. Kirubanathan
6. Srithar
7. Murugan
8. Paranthaman
9. Meganathan 10.Parthiban 11.Raguvaran 12.Sulochana 13.Hari S 14.Prabakaran M 15.Kannan R 16.Baskar R 17.V.Senthilkumaran 18.Venith Chandiran 19.Premkumar 20.Anjalai Mani 21.Ramu Devan 22.Padmanaban 23.Narayanan 24.Palani
25.Ezhilarasi J 26.Jayaraman 27.Chithra 28.Tamilarasu 29.S.Kadumbadi 30.S.Thulasi 31.Kubera Selvam 32.D.Kumaresh 33.K.Sarathi 34.P.Venkatesan 35.K.V.Selvam 36.Kabaleeswari @ Kabali Chandran 37.Anbu ..
Petitioners Vs.
1. The Commissioner Hindu Religious and Charitable Department No.119, Uthamar Gandhi Road Nungambakkam Chennai 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Kanchipuram District.
3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Chengalpattu, Chengalpattu District.
4. The Executive Officer Arulmigu Alavandhar Naicker Trust (HR & CE) East Coast Road, Mamallapuram.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned order of the return in Common N.Dis Nos.630018, 630008, 629995, 630094, 630054, 630030, 630327, 630071, 630457, 630537, 630473, 630556, 630568, 630588, 630579,
630083, 629841, 630433, 630104, 630113, 630306, 630203, 630179, 630232, 630353, 629909, 629826, 630064, 630259, 630366, 630385, 630286, 629949, 629963, 629971, 629982, 630339/2024/D2 dated 04.07.2024 issued by the 1st respondent and to quash the same and consequently, direct the 1st respondent to take the revision petitions on its file and to decide the same on merits in accordance with law by condoning the delay in filing the revision petitions. For the Petitioners : Mr.L.Uthaya Kumar For the Respondents : Mr.A.Edwin Prabakar State Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) We have heard learned counsel for the petitioners and learned State Government Pleader for the respondents.
2. Learned counsel for the petitioners submits that the petitioners would make an application to the respondents and also revenue officials to treat the petitioners as tenants under the Hindu Religious and Charitable Endowments Department.
3. Learned Special Government Pleader fairly agrees that if the petitioners make an application to the respondents to recognise them
as tenants in the property in question under the Hindu Religious and Charitable Endowments Department, the respondents will consider the said applications and pass appropriate orders on the same.
4. In view of the above, the writ petition is disposed of, directing the respondents to consider the applications of the petitioners to treat them as tenants and pass appropriate orders in accordance with law and the said exercise shall be completed within twelve weeks from the date of receipt of a copy of this order. Till such time, the respondents shall not take coercive steps against the petitioners. There shall be no order as to costs. Consequently, W.M.P.No.23465 of 2024 seeking permission to prefer single writ petition is allowed subject to payment of separate court fee.
(D.K.K., ACJ.) (P.B.B., J.) 22.08.2024 Index :
Yes/No Yes/No kpl
To
1. The Commissioner Hindu Religious and Charitable Department No.119, Uthamar Gandhi Road Nungambakkam Chennai 600 034.
2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Kanchipuram District.
3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Chengalpattu, Chengalpattu District.
4. The Executive Officer Arulmigu Alavandhar Naicker Trust (HR & CE) East Coast Road, Mamallapuram.
D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.
(kpl) 22.08.2024