N.Suresh v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU N.Suresh ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungampakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Elis Nagar (Near Bus Stop), Madurai 625 016.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Pandian Nagar, 1st Street, Dindigul 624 001.

4.C.P.M.S.V.P.Subashini, Executive Hereditary Trustee, Arulmigu Kottai Mariamman Thirukovil, Hereditary Trustee, Dindigul 624 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus directing the respondents to return Rs.50 1/5

percentage of the rent Rs.4,94,125/- the 50 percentage of rent paid for 2 stalls and Rs.1,50,750/- paid towards GST to the petitioner. For Petitioner : Mr. P.Manikandan For Respondents : Mr. P.Subbaraj Special Government Pleader

ORDER

Heard Mr. P.Manikandan, Learned Counsel for the Petitioner and Mr. P.Subbaraj, Learned Special Government Pleader for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed seeking for a direction to the Respondents to return 50% of the rent, viz., Rs.4,94,125/- paid in two installments and Rs.1,50,750/- paid towards GST to the petitioner. 3.

Learned Special Government Pleader appearing for the Respondents brought to notice that in furtherance to the proceedings in Moomu.No. 41382/2020/G4, dated 30.03.2021, the Fourth Respondent has permitted the 2/5

Petitioner to continue the lease for the period from 16.03.2023 to 16.04.2023 and produced a copy of the proceedings in Moomu.No.41382/2020/G4, dated 30.03.2021, which has been delivered to the Petitioner on 25.01.2023 by registered post, for which proof has also been produced. 4.

In view of the aforesaid action taken by the Respondents, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he has still any grievance, from working out his rights before proper forum in the manner recognized by law. In fine, the Writ Petition is disposed with the aforesaid clarifications. No costs.

15.02.2023 Index : Yes/No Internet : Yes/No Sm Note:- Issue order copy by 22.02.2023.

3/5

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungampakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Elis Nagar (Near Bus Stop), Madurai 625 016.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Pandian Nagar, 1st Street, Dindigul 624 001.

4.C.P.M.S.V.P.Subashini, Executive Hereditary Trustee, Arulmigu Kottai Mariamman Thirukovil, Hereditary Trustee, Dindigul 624 001.

4/5

P.D.AUDIKESAVALU,J.

Sm 15.02.2023 5/5