E.Alamelu, v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD).Nos.1745 to 1753 of 2019 and W.M.P.(MD).Nos.1489 to 1506 of 2019 E.ALAMELU
...Petitioner in WP(MD).No.1745 of 2019
T.RAJA GOPAL
...Petitioner in WP(MD).No.1746 of2019
S.DHURAIRAJ
...Petitioner in WP(MD).No.1747 of 2019
A.DEVASENAPATHY
...Petitioner in WP(MD).No.1748 of 2019
K.SRIDHAR
...Petitioner in WP(MD).No.1749 of 2019
V.P.ALAKIAMANAVALAN
...Petitioner in WP(MD).No.1750 of 2019
R.PURUSHOTHAMAN
...Petitioner in WP(MD).No.1751 of 2019
P.RENGARAJAN
...Petitioner in WP(MD).No.1752 of 2019
P.G.VIJAY
...Petitioner in WP(MD).No.1753 of 2019
Vs.
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, Mahatma Gandhi Road, Nungambakkam, Chennai 34.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Trichy.
3. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmighu Ranganathaswamy Thirukoil, Srirangam, Sriganram Taluk, Trichy District.
... Respondents in all cases COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the Undated Public Notice issued by the 3rd respondent in respect of the petitioners shop at Shop Nos. 1, 7, 12, 10, 4, 8A, 8B, 9A and 6 Ranga Vilas Mandapam, Arulmighu Aranganathaswamy Temple, Srirangam, Srirangam Taluk, Trichy District respectively and quash the same. For Petitioner : Mr.G.Manikandan for M/s.AL.Ganthimathi For Respondents : Mr.M.Saravanan (in all cases)
ORDER
The writ petitioners are occupants of shops belonging to the respondent temple. Pursuant to the circular issued by the Commissioner of Hindu Religious and Charitable Endowment Department dated 14.02.2018, the respondent temple issued the impugned eviction orders. The said circular of the Commissioner of Hindu Religious and Charitable Endowment Department has since been set aside by order dated 08.04.2019 in Civil Appeal Nos.3461 - 3505 of 2019 by the Honourable Supreme Court. Therefore, the orders impugned in the writ petitions have to be quashed and accordingly the impugned orders are quashed.
2.The respondents are at liberty to proceed in the matter in question against the writ petitioners individually strictly in terms of the proceedings set out in the Hindu Religious and Charitable Endowment Act.
3.With this liberty these petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, Mahatma Gandhi Road, Nungambakkam, Chennai 34.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Trichy.
3. The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmighu Ranganathaswamy Thirukoil, Srirangam, Sriganram Taluk, Trichy District.
+3 CC to Mr.M.SARAVANAN, Advocate ( SR-63624[F] dated 29/04/2019 ) W.P(MD).Nos.1745 to 1753 of 2019 27.04.2019 tm
MK/16.05.2019/2P/7C