V.P.Seetharaman v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2020
CORAM
THE HONOURABLE Dr. JUSTICE ANITA SUMANTH W.P.No.14645 of 2017 and WMP.No.15894 of 2017 V.P.Seetharaman .. Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai-600 034.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Cuddalore, Cuddalore District.
3.The Executive Officer (HR&CE), Arulmigu Vettai Venkatarayan Perumal Koil, Melpattambakkam, Panruti Taluk, Cuddalore District.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the Respondents, particularly the 2nd and 3rd Respondents in taking any eviction proceedings of the leased properties, situated at Melpattambakkam Village, Panruti Taluk, Cuddalore District, comprised in Punja ReSurvey No.377 - Acre 2.37 Cents, R.S.No.379/1 - 0.70 Cents and R.S.No.379/2 - 0.25 Cents, in all totaling to an extent of Acre 3.32 Cents on the basis of the Petitioner's representation dated 24.05.2017.
For Petitioner : Mr.R.Thanjan For Respondents : Mr.M.Karthikeyan Special Government Pleader
ORDER
Heard Mr.R.Thanjan, learned counsel for the petitioner and Mr.M.Karthikeyan, learned Special Government Pleader for the respondents.
2. The prayer is for a writ of Mandamus forbearing the respondents particularly R2 and R3 i.e. the Assistant Commissioner, HR&CE Board and the Executive Officer, Arulmigu Vettai Venkatarayan Perumal Koil (Temple) from taking any eviction proceeding in respect of the leased property at Melpattampakkam Village, Panruti Taluk, Cuddalore District, https://hcservices.ecourts.gov.in/hcservices/
comprised in Punja Re-Survey No.377, ad-measuring in an extent of Acre 3.32 cents.
3. This writ petition has been pending on the file of the Court from June 2017 till date and admittedly the petitioner does not have any interim protection. Also admittedly advance order has been passed and no coercive action has been initiated as against the petitioner till date. I am thus not inclined to consider the prayer sought for. In any event, my attention is drawn to representation dated 24.05.2017, acknowledgement of receipt of the same by the respondent. Let the representation be disposed by the respondent in accordance with law.
4.This writ petition is dismissed, though making it clear that any action taken shall be only by following the due process of law. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar -ADI (MDU) //True Copy// Sub Assistant Registrar vs To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai-600 034.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Cuddalore, Cuddalore District.
3.The Executive Officer (HR&CE), Arulmigu Vettai Venkatarayan Perumal Koil, Melpattambakkam, Panruti Taluk, Cuddalore District.
+1cc to the Special Government Pleader, S.R.No.22793 of 2020 W.P.No.14645 of 2017 and WMP.No.15894 of 2017 SR (CO) VSI-2(27.05.2020) https://hcservices.ecourts.gov.in/hcservices/