Madras High CourtWP(MD)/13627/2019disposed of

Mr.P.Muthukumar, v. The Joint Commissioner

2022-02-22Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) Nos.13627 and 825 of 2019 and W.M.P.(MD)No.660 of 2019 W.P.(MD)No.13627 of 2019:- P.Muthukumar .. Petitioner

Versus

The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Suchindram, Kanyakumari District.

.. Respondent Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to permit the petitioner to occupy on area of 100 sq.ft. in the backside of the shop in Shop No.1-4J4-3 at Sannathi Street, Kanyakumari District, within the time period to be stipulated by this Court.

For Petitioner :

Mr.M.Mahoob Fazil for Mr.T.Lajapathi Roy For Respondent :

Mr.K.Sathiyasingh W.P.(MD)No.825 of 2019:- P.Muthukumar .. Petitioner

Versus

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Thirumurthy Nagar, Nungambakkam, Chennai - 600 006.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Suchindram, Kanyakumari District.

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3.The Manager, Arulmigu Bhagavathyamman Thirukkoil, Kanyakumari, Kanyakumari District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to collect rent for the petitioner's shop in Shop No.14J4-3 at Sannathi Street, Kanyakumari District, for the month of October and November, 2018, within the time period to be stipulated by this Court.

For Petitioner :

Mr.M.Mahoob Fazil for Mr.T.Lajapathi Roy For R1 :

Mr.P.Subbaraj Special Government Pleader For R2 and R3 :

Mr.K.Sathiyasingh COMMON ORDER After hearing the learned counsel for the petitioner, the learned Special Government Pleader for the official respondent and the learned counsel for the respondents 2 and 3, both the Writ Petitions are disposed of.

2.Insofar as W.P.(MD)No.825 of 2019 is concerned, there shall be an order directing the respondents to collect the rent for 77 sq.ft., which is leased to the petitioner and also to collect rent for 100 sq.ft. which is the backside portion of the shop occupied by the petitioner, including the arrears of rent. 3.Insofar as W.P.(MD)No.13627 of 2019 is concerned, liberty is given to the respondents to initiate appropriate proceedings in accordance with law. The respondents shall pass appropriate orders after hearing the petitioner. The said exercise shall be carried out by the respondents within a period of eight weeks from the date of receipt of a copy of this order.

4.These Writ Petitions are disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 2/3

To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Thirumurthy Nagar, Nungambakkam, Chennai - 600 006.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Suchindram, Kanyakumari District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-7968[F] dated 23/02/2022) +2 CC to M/s.K.SATHIYA SINGH, Advocate (SR-8436 & 8437[F] dated 24/02/2022) +1 CC to M/s.SPL GP ( SR-8031[F] dated 23/02/2022 ) WP (MD) Nos.13627 and 825 of 2019 22.02.2022 SK(CO) GC(05.03.2022) 3P 7C 3/3