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Madras High CourtCMP(MD)/5244/2017disposed of

M.Pandi v. The Executive Officer

2017-06-16Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM and The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.5244 to 5246 of 2017 IN WA(MD) Nos.322 to 324 of 2017 M.PANDI SUB LESSEE, SHOP NO.1, WEST VADAMPOKKE STREET, ARULMIGU MADHANAGOPALASWAMY THIRUKOIL COMPLEX, MADURAI-1. ... PETITIONER/1st RESPONDENT IN CMP(MD) No.5244 of 2017 IN WA(MD) No.322 of 2017 D.KANAGAVEL SUB LESSEE, SHOP NO.2, WEST VADAMPOKKE STREET, ARULMIGU MADHANAGOPALASWAMY THIRUKOIL COMPLEX, MADURAI-1. ... PETITIONER/1st RESPONDENT IN CMP(MD) No.5245 of 2017 IN WA(MD) No.323 of 2017 K.SARAVANAN SUB LESSEE, SHOP NO.4, WEST VADAMPOKKE STREET, ARULMIGU MADHANAGOPALASWAMY THIRUKOIL COMPLEX, MADURAI-1. ... PETITIONER/1st RESPONDENT IN CMP(MD) No.5246 of 2017 IN WA(MD) No.324 of 2017 Vs 1 THE EXECUTIVE OFFICER WEST MASI STREET, MADURAI-1.

...1st RESPONDENT/APPELLANT IN ALL THE PETITIONS 2 THE GOVERNMENT OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, TOURISM, CULTURE AND ENDOWMENTS DEPARTMENT, SECRETARIAT, CHENNAI-009.

3 THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUMGAMBAKKAM, CHENNAI.

4 THE JOINT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MADURAI-1.

5 THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MADURAI-1.

...RESPONDENTS 2 to 5 IN ALL THE PETITIONS MR.NAGARAJAN LESSEE, SHOP NO.1, WEST VADAMPOKKE STREET, THIRUKOIL COMPLEX, MADURAI-1.

...6th RESPONDENT IN CMP(MD) No.5244 of 2017 IN WA(MD) No.322 of 2017 MR.NAGARAJAN LESSEE, SHOP NO.2, WEST VADAMPOKKE STREET, THIRUKOIL COMPLEX, MADURAI-1.

...6th RESPONDENT IN CMP(MD) No.5245 of 2017 IN WA(MD) No.323 of 2017 MR.J.RAMESH LESSEE, SHOP NO.4, WEST VADAMPOKKE STREET, THIRUKOIL COMPLEX, MADURAI-1.

6th RESPONDENT IN CMP(MD) No.5246 of 2017 IN WA(MD) No.324 of 2017 Prayer in CMP(MD). 5244/ 2017 IN WA(MD)No.322/17 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order by extending the time period of six weeks granted by this Honourable Court on 07/04/2017 in WA(MD).No.322 of 2017. Prayer in CMP(MD). 5245/ 2017 IN WA(MD)No.323/17: To pass an order by extending the time period of six weeks granted by this Honourable Court on 07/04/2017 in WA(MD).No.323 of 2017. Prayer in CMP(MD). 5246/ 2017 IN WA(MD)No.324/17 : To pass an order by extending the time period of six weeks granted by this Honourable Court on 07/04/2017 in WA(MD).No.

324 of 2017 ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.A.THIRUMURTHY, Advocate for the petitioner in all the petitions and of MR.S.MANOHAR, Advocate for R1 and MR.V.R.SHANMUGANATHAN, Special Government Pleader for R2 to R5, on behalf of the Respondents the court made the following order:- C O M M O N O R D E R (Order of the Court made by T.S.SIVAGNANAM, J.) Heard Mr.A.Thirumurthy, learned counsel appearing for the petitioners, Mr.S.

respondent and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents 2 to 5.

2. These civil miscellaneous applications have been filed seeking extension of time fixed by this Court in its Judgment, dated 07.04.2017 in W.A(MD)Nos.322, 323 and 324 of 2017.

3. The operative portion of the said Judgment reads as follows: "7.Taking note of the factual situation, we grant six weeks time to the sixth respondent/lessees as well as the first respondent/Sub-lessees to move the Government for appropriate relief. If the Revision Petitions filed by the lessee are in order, the Government shall consider the same and number those applications and also consider the maintainability or otherwise of the Petitions filed by the first respondent/sub-lessees seeking impleadment. Since the order of eviction was passed by the Joint Commissioner, Hindu Religious and Charitable Endowment Department, on 22.06.2016, which was confirmed by the Commissioner, Hindu Religious and Charitable Endowment Department, on 10.08.2016, we grant six weeks time, from the date of receipt of a copy of this Judgment, to enable the first respondent/sub-lessees and the sixth respondent/sub-lessees to move the Secretary to Government Tourism, Culture and Endowment Department for appropriate orders either interim or final.

If the first respondents/sub-lessees and the sixth respondents/lessees are unable to obtain any orders by then, it is open to the appellant temple to proceed further in accordance with law. Till the expiry of six weeks period, as fixed by this Court, the interim order of status-quo, which is prevailing as-on-today, shall be maintained by the parties and there shall be no threat of eviction."

4. In terms of above directions, the petitioners have filed revision petitions before the Secretary to Government and the same are now pending before the Secretary to Government. Since the order of status-quo granted by this Court is expiring, the petitioners have moved these civil miscellaneous petitions.

5. Considering the fact that the petitioners have presented review petitions before the Government as directed by us in the aforementioned Judgment, we direct the second respondent to consider the review petitions and pass orders on merits and in accordance with law.

6. In terms of the earlier directions, we direct the second respondent to comply with our directions within a period of four weeks from the date of receipt of a copy of this order. Till such time the order of status-quo granted by us in the earlier Judgment, dated 07.04.2017, shall continue.

7. Accordingly, all these C.M.P. (MD) Nos.5244, 5245 and 5246 of 2017 are disposed of.

sd/- 16/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE EXECUTIVE OFFICER WEST MASI STREET, MADURAI-1.

2 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU TOURISM, CULTURE AND ENDOWMENTS DEPARTMENT, SECRETARIAT, CHENNAI-009.

3 THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUMGAMBAKKAM, CHENNAI.

4 THE JOINT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MADURAI-1.

5 THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MADURAI-1.

ORDER

IN CMP(MD) Nos.5244 to 5246 of 2017 IN WA(MD) Nos.322 to 324 of 2017 Date :16/06/2017 SMA/CM-MSA/SAR-4/19.06.2017:4P/6C (IT)