K.Anusuya v. The Commissioner,Hindu Religio

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.33545 of 2003 and W.M.P.No.40606 of 2003 N. Parameswaran ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments, Uttamer Gandhi Road, Chennai - 600 034.

2. The Executive Officer, Arulmigu Barathwarajeshwarer Temple, Puliyur, Kodambakkam, Chennai - 600 024.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records of the second respondent in his proceedings No.Na.Ka.No.9-1/2002/POPI, dated 21.02.2003 and quash the same. For Petitioner : Mr. K.A.Dhanasekaran for S.Mohana Sundararajan For Respondents : Mr.Maharaja Special Government Pleader

ORDER

It is represented that by the learned counsel appearing for the petitioner, batch of writ petitions along with this writ petition is covered by the order of this Court dated 20.08.2013 in W.P.No.33546 of 2003, wherein, it is observed as follows:- "5. In the result, the writ petition is allowed and the impugned order is set aside with the following directions:-

(a) The petitioner is permitted to submit a representation under Section 21 of the Act to the Commissioner, Hindu Religious and Charitable Endowments Department, within a period of two weeks from today.

(b) On receipt of the said representation, the Commissioner, Hindu Religious and Charitable Endowments Department will dispose of the same in accordance with law within a period of two months thereafter.

(c) In the meanwhile, the present rent shall be fixed at the rate of 50 paise per square feet, pending final decision to be taken by the Commissioner, Hindu Religious and Charitable Endowments Department.

(d) The payment at the above rate shall be effective from the Month of August, 2013. First of such payment shall be made by the 15th August, 2013.... and so on.

(3) In default of compliance of the above order, this order shall disappear reviving the demand raised by the second respondent."

2. Heard Mr.K.A. Dhanasekaran, learned counsel appearing for the petitioner and Mr.Maharaja, learned Special Government Pleader for the respondents.

3. Following the above said order, the present writ petition is also allowed on the same terms and directions. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowments, Uttamer Gandhi Road, Chennai - 600 034.

2. The Executive Officer, Arulmigu Barathwarajeshwarer Temple, Puliyur, Kodambakkam, Chennai - 600 024.

+1cc to the Spl Government Pleader, S.R.No.52438 & 52020 W.P.No.33545 of 2003 GJII(CO) GSP(05/09/2018)