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Madras High CourtWP(MD)/11684/2021disposed of

Gunasekaran.V v. Secretary To Govt.,

2023-01-12Honourable Mr Justice P.D.Audikesavalu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU V.Gunasekaran ... Petitioner Vs.

1.The Secretary to Government, Tamil Nadu Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, HR & CE, Trichy, O/o. the Joint Commissioner, HR & CE Admin Department, Uthamar Koil Campus, Pitchandar Koil, Trichy-621 216.

4.The Assistant Commissioner / Executive Officer, A/m. Karuppanna Pillai Kattalai Annexed to A/m.Jambukeshwarar Akilandeswari Temple, Thiruvanikoil, Trichy.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to consider the petitioner's representation dt. 28.06.2021 to regularize the petitioner's tenancy-ship in respect of the restaurant measuring about 197 sq.ft. in Dr.No. 69, Trunk Road, Thiruvanaikoil, Trichy, after receiving the entire arrears of rent from the petitioner, payable to the 4th respondent. For Petitioner : Mr. T.Lenin Kumar For Respondents : Mr. P.Subbaraj Special Government Pleader (R1 to R3) Mr. P.Thiagarajan (R4)

ORDER

Heard Mr. T.Lenin Kumar, Learned Counsel for the Petitioner, Mr. P.Subbaraj, Learned Special Government Pleader for the First to Third Respondents, Mr. P.Thiagarajan, Learned Counsel appearing for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed seeking for a direction to the Fourth Respondent to consider the representation dated 28.06.2021 made by the Petitioner to regularize his tenancy of the restaurant measuring about 197 2/4

sq.ft. at No.69, Trunk Road, Thiruvanaikoil, Tiruchirapalli, after receiving the entire arrears of rent from the Petitioner, payable to the Fourth Respondent. 3.

Learned Counsel appearing for the Fourth Respondent has produced a copy of the proceedings in Na.Ka.No.43/1431/A4, dated 09.01.2023 sent to the Petitioner in which it has been informed that the property has to be leased by way of auction as per the Rules and if the Petitioner wants to participate in such auction he will have to clear all rental arrears due. 4.

In view of the said action taken by the Respondents on the representation made by the Petitioner, nothing remains for further consideration in the Writ Petition.

In fine, the Writ Petition is disposed. No costs. 12.01.2023 NCC : Yes/No Index : Yes/No Sm Note: Issue order copy by 25.01.2023.

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P.D.AUDIKESAVALU,J.

Sm To:

1.The Secretary to Government, Tamil Nadu Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, HR & CE, Trichy, O/o. the Joint Commissioner, HR & CE Admin Department, Uthamar Koil Campus, Pitchandar Koil, Trichy-621 216.

4.The Assistant Commissioner / Executive Officer, A/m. Karuppanna Pillai Kattalai Annexed to A/m.Jambukeshwarar Akilandeswari Temple, Thiruvanikoil, Trichy.

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