Madras High CourtWP(MD)/6245/2024closed

Radhakrishnan.A v. The Secretary To Government

2024-03-22Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Radhakrishnan ... Petitioner versus

1. The Secretary to Government, Tourism and Charitable Endowments Department, Secretariat, Chennai - 600 009.

2. The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai - 600 034.

3. The Director of Audit, Hindu Religious & Charitable Endowments Department, No.9/19, Maharaja Suriya Salai, Alwarpet, Chennai - 600 018.

4. The District Collector, Tuticorin.

1/6

5. The Inspector General of Police, South Zone, Madurai.

6. The Joint Commissioner, Hindu Religious and Charitable Endowments Department Tirunelveli District.

7. The Chairman Board of Trustee/Fit Person, Arulmigu Subramania Swamy Temple, Tiruchendur, Turicorin District.

8. The Joint Commissioner/Executive Officer, Arulmigu Subramania Swamy Temple, Tiruchendur, Tuticorin District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to initiate appropriate action as against the 6th respondent to recover the huge rental arrears payable to 8th respondent temple property based on the petitioner's representation dated 04.02.2024 and also secure and safeguard the 8th respondent temple property from the hands of 6th respondent. For Petitioner : Mr.A.Radhakrishnan, Party-in-person 2/6

For R1 to R4 and R6 : Mr.P.Subba Raj, Special Government Pleader For R7 and R8 : Mr.Muthugeethayan For R5 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl. side)

ORDER

The petitioner, with a grievance that the 6th respondent/the Joint Commissioner, HR&CE Department, Tirunelveli, has not paid the rent to the 8th respondent/Temple, for the place, which is under their occupation, has filed this writ petition.

2. According to the petitioner, the arrears of rent would be around Rs.54,90,010/-.

3. In response to this writ petition, the 6th respondent/the Joint Commissioner of HR&CE Department, Tirunelveli, has submitted a written instruction stating that a proposal was already made to the Government for payment of the rent and the Government has to provide financial sanction for the same. The 6th respondent/the Joint 3/6

Commissioner also undertook that the arrears of rent would be paid to the 8th respondent/temple within a period of two months.

4. In view of the same, this writ petition is closed. The first respondent shall ensure that the arrears of rent is paid on or before 05.06.2024. The first respondent shall also ensure that the fair rent for the property of the 8th respondent, occupied by the 6th respondent, will be paid, without any delay, in future. No costs. 22.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes ogy To