Madras High CourtWP(MD)/11137/2019dismissed as infructuous

V.Srinivasan v. The Commissioner,

2022-03-25Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.8499 of 2019 V.Srinivasan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Thousands Lights West, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli-2.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli-2.

4.The Executive Officer, Arulmigu Kasi Viswanathaswamy Temple, Tenkasi Town, Tirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for entire records relating to impugned notice issued by the fourth respondent in Na.Ka.No.115/105-1/2018/E1, dated, 05.04.219, and to quash the same and consequently direct the fourth respondent to fix a date for hearing in respect of fair rent fixation by the committee relating to the shop portion occupied by the petitioner in T.S.No.283, Block No.13. Ward C, Door No.8A, Keerathat Veethi, East Car Street, Amman Sannathi, Thenkasi Town, Tirunelveli District by extending the lease.

For Petitioner : No appearance For Respondents : Mr.P.T.Thiraviam Government Advocate for R1 to R3 Mr.M.Muthugeethayan for R4 1/3

ORDER

This case was listed under the caption "for dismissal" on 25.02.2022. It was earlier informed that the petitioner has died and appropriate steps will be taken for impleading the legal heirs of the petitioner. It is noticed that even on 21.02.2022, there was no representation on behalf of the petitioner and thereafter, the case was adjourned to 25.02.2022. On the aforesaid date, the learned counsel for the petitioner appeared and submitted that the petitioner has died and take steps for bringing the legal heirs on record. However, no steps have been taken so far. Considering the above submission, this Writ Petition is dismissed as having abated. The fourth respondent-Executive Officer of the Temple may proceed against the occupant of the property in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) gbg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Thousands Lights West, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli-2.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli-2.

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4.The Executive Officer, Arulmigu Kasi Viswanathaswamy Temple, Tenkasi Town, Tirunelveli District.

+1 CC to M/s.M.MUTHUGEETHAYAN, Advocate ( SR-15011[F] dated 29/03/2022 ) +1 CC to M/s.SPL GP ( SR-14907[F] dated 28/03/2022 ) 25.03.2022 MGJ(07.04.2022) 3P 7C 3/3