Madras High CourtWP/33172/2019disposed of

D.Ramamohanadurai, v. The Government Of Tamil Nadu

2019-11-28Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 33172 of 2019 and W.M.P. No. 33608 of 2019 D. Ramamohanadurai ... Petitioner -vs1. The Government of Tamilnadu, Rep. By its Secretary, Department of Tourism, Culture & Religious Endowments, Fort St. George, Chennai 9.

2. The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

3. The Joint Commissioner, Hindu Religious & Charitable Endowment Department, 119, Nungambakkam High Road, Nungambakkam, Chennai 600 034.

4. The Executive Officer, A/m. Periyapalayathamman Temple, Royapettah, Chennai 600 014.

5. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, 119, Nungambakkam, Chennai 600 034.

6. The Assistant Engineer, TANGEDCO, Royapettah, Chennai 600 014.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the Respondents 3 and 4 from taking any coercive action to dispossess the Petitioner from the property measuring

1225 sq. ft. comprised in Survey No. 89/1, Block No. 04, Door No. 81D Srinivasaperumal Sannathi Street, Peters Road, Royapetah, Chennai, till the disposal of the Revision Petition pending with the First Respondent filed against the orders in R.P. No. 258 of 2019 dated 12.11.2019.

For Petitioner : Mr. S. Sivashanmugam For Respondents: Mr. M. Maharaja, (for R1 to R3 & R5) Special Government Pleader (HR & CE) Mr. A.K. Sriram (for R4) for M/s. A.S. Kailasam Associates Mr. S.K. Rameshwar (for R6)

O R D E R

Heard Mr. S. Sivashanmugam, Learned Counsel appearing for the Petitioner, Mr. M. Maharaja, Learned Special Government Pleader (HR & CE) appearing on behalf of the First to Third and Fifth Respondents, Mr. A.K. Sriram, Learned Counsel appearing on behalf of the Fourth Respondent and Mr. S.K. Rameshwar, Learned Counsel appearing on behalf of the Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

Learned Special Government Pleader (HR & CE) appearing for the First to Third and Fifth Respondents, on instructions, states that the Revision Petition filed by the Petitioner has been taken on file as R.P. No. 19 of 2019 and hearing has been fixed at 05.30 pm on 04.12.2019. A copy of the notice has been served to the Learned Counsel for the Petitioner who acknowledges its receipt.

The Petitioner and other concerned parties shall attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and extend their co-operation for the expeditious disposal of the matter. It shall be ensured that there is atleast one effective hearing every week showing progress of the case. The First Respondent after giving full opportunity of hearing to all parties concerned, shall consider each of their contentions and pass reasoned order on merits and in accordance with law and communicate the decision taken to all parties under written acknowledgment and file a report of such compliance before the Registrar (Judicial) of this Court by 31.01.2020.

The Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Secretary, The Government of Tamilnadu, Department of Tourism, Culture & Religious Endowments, Fort St. George, Chennai 9.