E.Kanniyammal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI AND WMP NO. 49927 OF 2025 1.E.Kanniyammal 2.E.Jambulingam 3.E.Jayavel ..Petitioner(s) Vs 1.The Commissioner Hindu Religious And Charitable Endowments Department, Government Of Tamil Nadu, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner Hr And Ce Department Chennai Mandalam-ii, No.130, R.K.Mutt Road, Mylapore, Chennai-600 004.

3.The Executive Officer Arulmigu Madhava Perumal Temple, Royapettah, Chennai-600 014.

..Respondent(s)

Prayer:

Writ petition filed under Article 226 of Constitution of India for issuance of writ of mandanus seeking a direction to direct the 1 st respondent to consider the representation dated 18.07.2025 submitted by the petitioners and dispose of the same in accordance with law, within a time frame as may be fixed by this Honourable Court.

For Petitioner(s):

Mrs.V.Srimathi For Respondent(s):

Mr.N.R.R.Arun Natarajan Special Government Pleader O RDER This writ petition is filed seeking issuance of a writ of mandamus to direct the 1 st respondent to consider the representation dated 18.07.2025 submitted by the petitioners and dispose of the same in accordance with law, within a time frame as may be fixed by this Court.

2. Heard, Mrs.V.Srimathi, learned counsel for the petitioners and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, who accepts notice for the respondents.

3. The petitioners claim that they are the descendants of late G.Ekambaram and have been residing at No.13/7, Pudupet Garden, 2 nd lane,

Royapettah, Chennai for over 90 years. The property admittedly belongs to Arulmigu Madhava Perumal Temple, Mylapore (temple) which is under the control of Hindu Religious and Charitable Endowments department (department). The temple filed a suit against the father of the petitioners herein in O.S.No.3380 of 2007 before the City Civil Court, Chennai for recovering the possession. The said suit has also been decreed and execution petition is instituted and the same is pending.

4. The petitioners' family approached the department and according to the petitioners, the authorities have fixed the fare and rent and it has been paid by the petitioners regularly without any default. It is also the case of the petitioners that they have satisfied all conditions under G.O.Ms.No.340 dated 06.08.2007 and G.O.Ms.No.353 dated 04.06.1999 and thereby, they are entitled to regularization.

5. The petitioners also aver in the affidavit that the officials of the department have also agreed that they would not pursue the execution petition in view of the compliance made by the petitioners. The petitioners have given

representation to the department and to the Executive Officer of the temple, which is sought to be disposed by, in this writ petition by issuing a mandamus.

6. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader submits that fair rent is not fixed. However, it is admitted that there has been some settlement talks between the parties.

7. In light of the same, the 1 st respondent is directed to dispose of the representation of the petitioners dated 18.07.2025 on merits and in accordance with law, after giving opportunity of personal hearing to the petitioners herein, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

P.B.BALAJI J.

8. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 21-11-2025 Index: Yes/No Speaking/Non-speaking order mpl To 1.The Commissioner Hindu Religious And Charitable Endowments Department, Government Of Tamil Nadu, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner Hr And Ce Department Chennai Mandalam-ii, No.130, R.K.Mutt Road, Mylapore, Chennai-600 004.

3.The Executive Officer Arulmigu Madhava Perumal Temple, Royapettah,

Chennai-600 014.

AND WMP NO. 49927 OF 2025