Madras High CourtWP(MD)/9780/2019closed

Fashions, v. The Joint Commissioner /

2019-04-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.9780 to 9792 of 2019 and W.M.P.(MD)Nos.7662 to 7674 of 2019 FASHIONS, REP.THRO.ITS PARTNER S.KANNAN ... Petitioner in WP(MD). 9780/ 2019 JEYASHREE, ... Petitioner in WP(MD). 9781/ 2019 KARIM STORES REP.THRO.ITS PROPRIETOR M.JAFAR SULTHAN IBRAHIM ... Petitioner in WP(MD). 9782/ 2019 UDHAYKUMAR, ... Petitioner in WP(MD). 9783/ 2019 M.SANTHARAM, ... Petitioner in WP(MD). 9784/ 2019 A.VIJAY BABU ... Petitioner in WP(MD). 9785/ 2019 DURAIPANDI, ... Petitioner in WP(MD). 9786/ 2019 M.JAFAR SULTHAN IBRAHIM ... Petitioner in WP(MD). 9787/ 2019 M.VIJAYAKUMAR, ... Petitioner in WP(MD). 9788/ 2019 R.BALASUBRAMANIAN, ... Petitioner in WP(MD). 9789/ 2019 KRISHNASAMY NADAR, ... Petitioner in WP(MD). 9790/ 2019 MOHAMMED ABDUL KHADER ... Petitioner in WP(MD). 9791/ 2019 MOHAMMED ABDUL KHADER ... Petitioner in WP(MD). 9792/ 2019

Vs THE JOINT COMMISSIONER / EXECUTIVE OFFICER, ARULMIGU MEENAKSHI SUNDARESWARAR TEMPLE, MADURAI.

RESPONDENT IN ALL WP'S Prayer in WP(MD). 9780/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13556 / 2018. Prayer in WP(MD). 9781/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13559 / 2018. Prayer in WP(MD).

9782/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13557 / 2018. Prayer in WP(MD). 9783/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13556 / 2018. Prayer in WP(MD).

9784/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13561 / 2018. Prayer in WP(MD). 9785/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13567 / 2018. Prayer in WP(MD).

9786/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 13/11/2018 passed in WP.No.17649 / 2018.

Prayer in WP(MD). 9787/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13558 / 2018. Prayer in WP(MD). 9788/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13560 / 2018. Prayer in WP(MD).

9789/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13568 / 2018. Prayer in WP(MD). 9790/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13571 / 2018. Prayer in WP(MD).

9791/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13564 / 2018. Prayer in WP(MD). 9792/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondent to issue receipt for the monthly payment made by the petitioner in strict compliance of the order dated 24/07/2018 passed in WP.No.13565 / 2018. For Petitioner : Mr.R.G.Shankar Ganesh, (In all Writ Petitions) For Respondent : Mr.V.R.Shanmuganathan Special Government Pleader, (In all Writ Petitions) COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioners are tenants under the respondent temple. The monthly rental amount was revised and enhanced. The dispute is presently pending adjudication before the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai. The petitioner had earlier moved this Court and this Court had put them on terms. The petitioners are remitting their monthly rentals in terms of the order passed by this Court. But then, the respondent, instead of issuing receipt for the rent received, is seeking to adjust the same against the arrears. That has necessitated the filing of this writ petition.

3.When the matter was taken up for hearing, the learned counsel appearing for the respondent submitted that the respondent would henceforth issue appropriate receipts.

4.Recording the said submission, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) pnn To The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Madurai.

1CC TO MR. R.G. SHANKAR GANESH, ADVOCATE SR 63143 ES 15/05/2019 4P 3C W.P.(MD)Nos.9780 to 9792 of 2019 and W.M.P.(MD)Nos.7662 to 7674 of 2019 24.04.2019