Mrs.Malathi Subramanian v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.10.2016
CORAM
THE HONOURABLE Mr.JUSTICE B.RAJENDRAN WP.Nos.37461 to 37466 of 2016 Mrs.Malathi Subramanian ..Petitioner in W.P.No.37461 of 2016 A.R.Natarajan ..Petitioner in W.P.No.37462 of 2016 Kumari ..Petitioner in W.P.No.37463 of 2016 N.Kamalam ..Petitioner in W.P.No.37464 of 2016 K.G.krishanraj ..Petitioner in W.P.No.37465 of 2016 Janaki Krishnamurthy ..Petitioner in W.P.No.37466 of 2016 .Vs.
1.The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious & charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
3. The Assistant Commissioner, Hindu Religious & charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
4. The Coint Commissioner/The Executive Officer, A/m,Kabaleeswarar Temple, Mylapore, Chennai-600 004. .. Respondents in all W.Ps COMMON PRAYER:
Writ petitions filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the 3rd and 4th respondents to immediately handover the petitioners' belongings lying in the sealed premises forthwith.
For Petitioners in all W.Ps.
:
Mr.V.Srikanth For Respondents in all W.Ps :
Mr.M.Maharaja, Spl.GP [HR&CE] COMMON ORDER Heard the learned counsel for the petitioners and Mr.M.Maharaja, learned Special Government Pleader {HR&CE} accepting notice on behalf of the respondents. When the matter is taken up for hearing, the learned counsel for the petitioners would only submit that the petitioners are ready and willing to hand over the possession of their respective properties which are now kept in sealed condition by the respondents/Department forth with and the only grievance expressed by the petitioners is that their belongings / articles are kept inside the premises and only if they are permitted to take away their respective belongings, they would be in a position to hand over the possession to the Department.
The learned counsel would submit that the petitioners are willing to take their belongings in the presence of the Department officials on their opening the lock/seal. The learned Special Government Pleader [HR&CE] would submit that earlier the petitioners were given sufficient time to take their belongings from the respective premises ; but they did not do so.
In such view of the matter, this Court directs the officials of the respondents/Department to unlock the respective premises on 02.11.2016 and in the presence of the said officials, the respective petitioners or their authorised representatives shall take all their belongings from inside the respective premises and also give an undertaking in writing that that they are handing over the possession of the premises to the Department pursuant to their taking of their belongings. The writ petitions stand disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
AP To 1.The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious & charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
3. The Assistant Commissioner, Hindu Religious & charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
4. The Coint Commissioner/The Executive Officer, A/m,Kabaleeswarar Temple, Mylapore, Chennai-600 004.
+6CC Mr. V. Srikanth, Advocate Sr.Nos.61502,61503,61539,61505,61507,61508 WP.Nos.37461 TO 37466 of 2016 SKV (CO) MD : 1/11/2016