Appu v. The Commissioner
2025:MHC:2055
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos. 33326, 33328 & 33331 of 2025 Appu Petitioner(s) Vs 1.The Commissioner H.R and C.E. Department Chennai 600 034.
2.The Joint Commissioner H.R and C.E. Department Chennai 600 034 3.The Assistant Commissioner H.R and C.E. Department, Chennai.
4.The Executive Officer Arulmigu Margasagaya Eswarar Thirukoil, Maduravoyal, Chennai 600 095.
5.M/s.Sukran Cuisines Private Ltd., Page No.1 of 6
Rep By Its Proprietor No.72, R.K.Salai Cathedral Road Chennai 600 086.
Respondent(s) PRAYER Call for the records relevant to the public auction confirmation notice proceedings in Mu.Mu.No.1392006/2025/R2 dated 25.04.2025 passed by the 1st Respondent and quash the same as illegal, improper and as against principles of natural justice and thereby regularize the petitioner as a lawful tenant of the property situated at No.20/36, P.H Road Maduravoyal, Chennai 95, totally to an extnet of 1650 Sq.ft (includes commercial and residential) by fixing the fair rent towards the same and enable the petitioner to pay the same to the 4th respondent temple.
For Petitioner(s):
Mr.A.Rajeshkannan For Respondent(s):
Mr.N.R.R.Arun Natarajan, SGP For R1 to R4
ORDER
This writ petition has been filed challenging the confirmation notice through proceedings of the 1 st respondent dated 25.04.2025 and for regularization of the petitioner as a lawful tenant of the subject property and to fix fair rent towards the same.
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2. Heard Mr.A.Rajeshkannan, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing on behalf of the respondents 1 to 4.
3. The petitioner was the tenant under the Temple. Subsequently, proceedings were initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 on the ground that the petitioner is an encroacher. An order came to be passed by the Joint Commissioner allowing the petition on 22.06.2020. Aggrieved by the same, a revision was filed before the Commissioner and the same also came to be dismissed by an order dated 16.06.2022. Thereafter, the possession was taken and the Department has conducted an auction on 27.12.2024. Subsequently, through the impugned proceedings dated 25.04.2025, the successful bidder was allocated the property and it was given on lease. The same has been put to challenge in the present writ petition.
4. In the considered view of this Court, the petitioner is challenging the Page No.3 of 6
consequence after a public auction, which was already been conducted on 27.12.2024. That by itself is a ground for dismissing this writ petition. That apart, the petitioner has already been evicted from the property by initiating proceedings under Section 78 of the Act and therefore, as on today, the petitioner does not have the locus to question the auction, unless the order of eviction passed against the petitioner is interfered in the manner known to law.
5. In the light of the above discussion, this Court does not find any ground to even entertain this writ petition and accordingly, the same is hereby dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
08-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.4 of 6
To 1.The Commissioner H.R And C.E. Department Chennai 600 034 2.The Joint Commissioner H.R And C.E Department Chennai 600 034 3.The Assistant Commissioner H.R And C.E. Department, Chennai 4.The Executive Officer Arulmigu Margasagaya Eswarar Thirukoil Maduravoyal, Chennai 600 095 Page No.5 of 6
N.ANAND VENKATESH J.
Jeni 08-08-2025 Page No.6 of 6