Badhusha v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.4118 of 2020 and WMP(MD) Nos.3481 & 3482 of 2020 Badhusha ... Petitioner Vs 1.The Secretary to Government, Tourism Culture and Religious Endowments Dept, Fort St.George, Chennai.
2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Chennai.
3.The Joint Commissioner/Executive Officer, Arulmigu Meenkashi Sundareswarar Temple, Madurai.
4.The Asst Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Madurai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for 1/6
the records of the 4th respondent dated 20.02.2020 in proceedings in Na.Ka.No.3342/2018/B1-4 quash the same as the same is arbitrary, ultravires, contrary to Section 114 of HR & CE Act 22/1959 in colorable exercise of power.
For Petitioner : R.G.Shankar Ganesh, For R1,R2 & R4 : Mr.P.Subburaj Special Government Pleader For R3 : Mr.V.R.Shanmuganathan
O R D E R
The petitioner is a sub-lessee under the third respondent/ Arulmigu Meenkashi Sundareswarar Temple, Madurai and occupied a shop in Shop No.179, East Masi Street, Madurai. For non-payment of lease amount, a notice was issued to the petitioner, directing him to vacate and hand over the possession of the property to the temple on or before 26.02.2020. Challenging the same, the petitioner has filed this writ petition.
2.The learned counsel appearing for the petitioner submits that the petitioner was evicted from the premises and as on 2/6
date he is not in occupation and therefore, nothing survives in this writ petition.
3.The learned counsel for the third respondent Temple submits that though the petitioner was evicted from the shop, he is still liable to pay the arrears of rent to the temple and in view of the pendency of this writ petition, the temple authorities are not in a position to collect the rent from this petitioner. 4.This Court considered the rival submissions made. 5.The petitioner, who was a sub-lessee under the third respondent Temple has filed this writ petition in the year 2020 challenging the impugned notice, directing him to vacate the shop leased out to him within a stipulated time. As a subsequent development, now the petitioner was evicted from the shop and he has to pay the arrears of rent for the period, for which he occupied the shop.
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6.In view of the above, this writ petition is disposed of with a direction to the third respondent temple authorities to collect the arrears of rent from the petitioner at the earliest. No costs. Consequently, connected Miscellaneous Petitions are closed. 06.10.2023 NCC: Yes/No Index:Yes/No Internet:Yes vrn 4/6
To 1.The Secretary to Government, Tourism Culture and Religious Endowments Dept, Fort St.George, Chennai.
2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Chennai.
3.The Joint Commissioner/Executive Officer, Arulmigu Meenkashi Sundareswarar Temple, Madurai.
4.The Asst Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Madurai.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.4118 of 2020 and WMP(MD) Nos.3481 & 3482 of 2020 06.10.2023 6/6