Madras High CourtWP(MD)/4222/2018disposed of

Sundaraj, S/O.N.Marutha v. The Chief Secretary,

2018-02-28Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.4222 of 2018 and W.M.P(MD)No.4363 of 2018 1.M.Sundaraj 2.K.Sundaram 3.S.Saranraj 4.S.Balachandran 5.M.Mookaiya 6.P.Tamil Selvan 7.K.Uppili Srinivasan 8.P.Dharamarajan 9.K.Renganathan 10.S.Saravanan 11.B.Rajasekaran 12.P.Rengarajan 13.A.Govindan 14.K.Selvam 15.D.Govindarajan ... Petitioners Vs.

1.The Chief Secretary, Government of Tamil Nadu, Fort St., George, Secretariat, Chennai 600 009.

2.The Principal Secretary, Tourism Culture and Religious Endowments Department, Government of Tamil Nadu, Fort St., George, Secretariat, Chennai 600 009.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy Division, Uthamar Koil Complex, Pichandar Koil, Trichy District.

5.The Executive Officer/Joint Commissioner, A/m.Sri Ranganathaswamy Temple, Vellithirumutham Village, Srirangam Taluk, Trichy District.

6.The District Collector, Trichy, O/o.,the District Collector, Trichy District.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus to forbear the respondents from in any way dispossessing the petitioners from their occupation of the tenanted premises bearing shop no.1, 2, 2B, 3, 4, 6, 7, 9B comprised in SF No.393 & 394 Vellithirumutham in A/M.Renganathar Swamy Temple situated in Velithirumutham Village, Srirangam Taluk, Trichy District without resorting to due process of law. For Petitioner : Mr.V.Srikanth For Respondents 1-4&6 : Mr.P.Kannidevan Additional Government Pleader.

For 5th Respondent : Mr.K.Govindarajan

ORDER

This writ petition has been filed seeking to forbear the respondents from in any way dispossessing the petitioners from their occupation of the tenanted premises bearing shop Nos.1, 2, 2B, 3, 4, 6, 7, and 9B comprised in SFNos.393 and 394, Vellithirumutham in A/M.Renganathar Swamy Temple situated in Velithirumutham Village, Srirangam Taluk, Trichy District without resorting to due process of law.

2.According to the petitioners, they are licensees under the fifth respondent temple. Earlier, the fifth respondent has initiated proceedings under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 before the fourth respondent. Pending the said proceedings, the fifth respondent is taking steps to evict them from the shops. Hence, the petitioners have filed the present writ petition.

3.Today, when the matter is taken up for hearing, Mr.K.Govindarajan, learned counsel appearing for the fifth respondent submitted that the fifth respondent is not taking steps to evict the petitioners and now, the proceedings is pending before the fourth respondent. He would further submit that till the proceedings is completed, the fifth respondent will not take any proceedings against the petitioners and they may be directed to cooperate with the proceedings which is pending before the fourth respondent.

4.Considering the said submission made by the learned counsel for the fifth respondent, nothing survives for further adjudication in this writ petition. Accordingly, the writ petition is closed. However, the petitioners are directed to co-operate with the proceedings pending before the fourth respondent. The fourth respondent is directed to complete the enquiry proceedings and pass

suitable orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, W.M.P(MD)No.4363 of 2018 is also closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Chief Secretary, Government of Tamil Nadu, Fort St., George, Secretariat, Chennai 600 009. 2.The Principal Secretary, Tourism Culture and Religious Endowments Department, Government of Tamil Nadu, Fort St., George, Secretariat, Chennai 600 009. 3.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy Division, Uthamar Koil Complex, Pichandar Koil, Trichy District.

5.The District Collector, Trichy, O/o.,the District Collector, Trichy District.

+1cc to M/S.K.Blasubramani, Advocate SR.No. 51836 +1cc to M/S.K.Govindarajan, Advocate SR.No. 52362 Writ Petition (MD) No.4222 of 2018 sms JM/SKN RSK/SAR 1/04.04.2018/3P/8C