Madras High CourtWP(MD)/3605/2018disposed of

C.Ramachandran, v. The Commissioner

2018-02-26Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.3605 of 2018 and WMP(MD)No.3736 of 2018 C.Ramachandran ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.

2.The Joint Commissioner/Executive Officer, O/o.Executive Officer, Incorporated and Unincorporated Kanyakumari Devaswom, Suseenthiram, Kanyakumari District.

3.The Manager, Arulgimu Bhagavathi Amman Thirukovil, Kanyakumari, Kanyakumari District.

... Respondents Petition filed under Article 226 Constitution of India to issue a writ of Mandamus directing the respondents herein not to terminate and vacate the petitioner herein / Licensee from the Spiritual Book Stall in Arulmigu Bhagavathi Amman Thirukovil, Kanyakumari without following the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959. For Petitioner : Mr.D.Nallathambi For R1 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R2 & R3 : Mr.K.Sathiya Singh

ORDER

This writ petition has been filed directing the respondents not to terminate and vacate the petitioner from the spiritual book stall in Arulmigu Bhagavathi Amman Thirukovil, Kanyakumari without following the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959.

https://hcservices.ecourts.gov.in/hcservices/ 2.According to the petitioner, the respondents have granted licence to the petitioner to run a spiritual book stall in Arulmigu

Bhagavathi Amman Thirukovil, Kanyakumari, for the period of one year commencing from 01.07.2017 to 30.06.2018. The licence fee has been fixed at Rs.22,00,000/-. The petitioner has also paid the entire licence fee to the respondents.

3.Considering the fact that licence was granted upto 30.06.2018 and the petitioner has already paid the entire licence fee and also considering the fact that the petitioner is only running a bookstall and selling spiritual books, the respondents are directed not to disturb the petitioner's possession till 30.06.2018 and it is always open to the respondents to evict the petitioner after expiry of the licence period, i.e., 30.06.2018. 4.With the above observation, this writ petition is disposed of. No costs. Consequently, WMP(MD)No.3736 of 2018 is closed.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.

+1cc to Mr.K.SATHIYA SINGH, Advocate, SR.No. 51500 +1cc to Mr.D.Nallathambi, Advocate, SR.No. 51074 WP(MD)No.3605 of 2018 26.02.2018 MJ KK/JC/20.03.2018/SAR-2/2P-4C https://hcservices.ecourts.gov.in/hcservices/