Dhanasekaran v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Dhanasekaran ... Petitioner -vs1. The Commissioner, Hindu Religious & Charitable Endowments Administration Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious & Charitable Endowments Administration Department, Mylapore, Chennai - 600 004.

3. Arulmighu Ellaiamman Pazhandi Amman Thirukovil, Nochikuppam, Mylapore, Chennai - 600 004.

4. R.Mani ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to remove the encroachment in D. No. 76, Ellaiamman Koil Street, Nochikuppam, Mylapore, Chennai - 600 004 of the Fourth Respondent as per the Petitioner's representation dated 03.11.2023 within a stipulated time to be fixed by this Court and file report.

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For Petitioner :

Mr. B.Gopalakrishnan For Respondents :

Mr. K.Karthikeyan, Government Advocate (for R1 to R3)

O R D E R

Heard Mr. B.Gopalakrishnan, Learned Counsel for the Petitioner and Mr. K.Karthikeyan, Learned Government Advocate appearing for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fourth Respondent, notice to him is dispensed with.

3.

The Writ Petition has been filed for directing the First and Second Respondents to remove the encroachment made by the Fourth Respondent in D. No. 76, Ellaiamman Koil Street, Nochikuppam, Mylapore, Chennai - 600004 based on the representation dated 03.11.2023 made by the Petitioner within the time limit that may be fixed by the Court. 2/4

4.

Learned Government Advocate appearing for the First to Third Respondent has filed a memo dated 19.01.2024 stating that notice was sent to the Fourth Respondent on 19.01.2024 calling upon him to pay rental arrears of Rs. 98,122/-, failing which action would be taken for evicting him. In view of the same, nothing remains for further consideration in the Writ Petition. In the result, the Writ Petition is disposed. No costs. 19.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

vjt To

1. The Commissioner, Hindu Religious & Charitable Endowments Administration Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious & Charitable Endowments Administration Department, Mylapore, Chennai - 600 004.

3. Arulmighu Ellaiamman Pazhandi Amman Thirukovil, Nochikuppam, Mylapore, Chennai - 600 004.

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P.D. AUDIKESAVALU, J.

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