Sahul Hameed v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD) Nos.360 to 366 of 2022 and C.M.P.(MD)Nos.3679, 3680, 3681,3682, 3689, 3690 & 3691 of 2022 In W.A.(MD)No.360 of 2022 Sahul Hameed ... Appellant / Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.40, Muthusamy Nagar, Sivagangai, Sivagangai District-630 561.

3.The Executive Officer, Arulmighu Silampani Vinayagar Thirukovil, Devakottai Town, Sivagangai District-630 302.

... Respondents / Respondents 1/4

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order passed by this Court in W.P.(MD)No. 4220 of 2022, dated 10.03.2022 by allowing the present writ appeal. For Appellant : Mr.A.Saravanan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R1 & R2 : Mr.C.Gunaseela Rupan (in all W.As) for R3 COMMON JUDGMENT (Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. This writ appeal arises out of the order dated 10.03.2022 passed by the learned single Judge dismissing batch of writ petitions wherein, the demand made by the Executive Officer of the third respondent temple demanding payment of arrears was questioned.

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3. According to the writ petitioners, since the Commissioner of HR & CE Department was seized of the issue regarding fixation of the lease rent under Section 34A(3) of the Act, the Executive Officer could not have made demand.

4. When this writ appeal was taken up for final disposal, it is brought to our attention that the Commissioner of HR & CE Department had already disposed of the matter on 25.11.2022 in A.P.Nos.30 to 38 of 2021. The lease rent has already been settled. Therefore, nothing survives for further adjudication in these writ appeals. The writ appeals are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S., J.) (M.J.R., J.) 03.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

AND M.JOTHIRAMAN, J.

rmi To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.40, Muthusamy Nagar, Sivagangai, Sivagangai District-630 561.

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