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Madras High CourtWP(MD)/494/2018disposed of

Gurunathan, S/O.Arunachalam v. The Commissioner

2018-01-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.494 of 2018 and WMP(MD)No.494 of 2018 Gurunathan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Dept., Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Dept., Sivagangai.

3.The Executive Officer, Arulmigu Chithambareshwarar Temple, Nithya Brammosiva Kattalai, Sathur, Virudhunagar District.

... Respondents Petition filed under Article 226 Constitution of India to issue a writ of mandamus directing the second respondent to pass orders on the petition dated 15.09.2017 as directed by the first respondent vide proceedings in O.Mu.No.63264/2017/M1 dated 28.11.2017 within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R3 : Mr.P.Mahendran

ORDER

This writ petition has been filed seeking a direction to the second respondent to pass orders on the petition dated 15.09.2017 as directed by the first respondent vide proceedings in O.Mu.No.63264/2017/M1 dated 28.11.2017.

2.Heard Mr.R.J.Karthick, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader for the respondents 1 and 2 and Mr.P.Mahendran, learned counsel for the third respondent. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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3.According to the petitioner, challenging the fair rent fixed by the third respondent, he filed a petition before the Commissioner/the first respondent herein. The Commissioner, in turn, by the order dated 28.11.2017, directed the petitioner to approach the Joint Commissioner/second respondent herein. Pursuant to the same, the petitioner has sent a representation dated 15.09.2017 to the second respondent, seeking revision of the enhanced rent and the same is pending, and without passing any orders. Hence, this writ petition has been filed.

4.Considering the above said facts and circumstances, the second respondent is directed to consider the petitioner's representation dated 15.09.2017 and pass 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, after affording an opportunity of hearing to the petitioner.

5.With the above direction, this writ petition is disposed of. No costs. Consequently, WMP(MD)No.494 of 2018 is closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Hindu Religious and Charitable Endowments Dept., Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Dept., Sivagangai.

+1cc to Mr.R.J.KARTHICK,Advocate,SR. 41258 +1cc to Mr.P.MAHENDRAN,Advocate,SR. 41266 +1cc to M/S.Special Government Pleader,SR. 41941 WP(MD)No.494 of 2018 10.01.2018 MJ KK/SV MMS/SAR 4/29.01.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/