The Executive Officer v. G.Iyyappan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)Nos.9048, 9282 and 9285 of 2025 W.A.(MD)No.1656 of 2025:- The Executive Officer, HR and CE, Sri Thiru Courtalla Natha Swami Thirukoil, No.1, Sannathi Street, Courtallam, Tenkasi - 627 802.
... Appellant Vs.
1.G.Iyyappan 2.The District Collector, 3.The Joint Commissioner, 4.The Special Tahsildar [HR and CE], 1/8
5.The Executive Engineer, Tamil Nadu Electricity Board, 6.The Deputy Superintendent of Police, ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30059 of 2023 dated 21.12.2023 on the file of this Court. For Appellant : Mr.S.Manohar For Respondents : Mr.P.Subburaj, Spl. Government Pleader for R3 & R4.
Mr.A.Kannan, Addl. Government Pleader for R2.
Mr.T.Senthil Kumar, Addl. Public Prosecutor for R6.
W.A.(MD)No.1657 of 2025:- The Executive Officer, HR and CE, Sri Thiru Courtalla Natha Swami Thirukoil, No.1, Sannathi Street, Courtallam, Tenkasi - 627 802.
... Appellant Vs.
1.Murugesan 2.The District Collector, 2/8
3.The Joint Commissioner, 4.The Special Tahsildar [HR and CE], 5.The Executive Engineer, Tamil Nadu Electricity Board, 6.The Deputy Superintendent of Police, ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30061 of 2023 dated 21.12.2023 on the file of this Court. For Appellant : Mr.S.Manohar For Respondents : Mr.P.Subburaj, Spl. Government Pleader for R3 & R4.
Mr.A.Kannan, Addl. Government Pleader for R2.
Mr.T.Senthil Kumar, Addl. Public Prosecutor for R6.
W.A.(MD)No.1658 of 2025:- The Executive Officer, HR and CE, Sri Thiru Courtalla Natha Swami Thirukoil, 3/8
No.1, Sannathi Street, Courtallam, Tenkasi - 627 802.
... Appellant Vs.
1.Kathirvel 2.The District Collector, 3.The Joint Commissioner, 4.The Special Tahsildar [HR and CE], 5.The Executive Engineer, Tamil Nadu Electricity Board, 6.The Deputy Superintendent of Police, ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30060 of 2023 dated 21.12.2023 on the file of this Court. For Appellant : Mr.S.Manohar For Respondents : Mr.P.Subburaj, Spl. Government Pleader for R3 & R4.
4/8
Mr.A.Kannan, Addl. Government Pleader for R2.
Mr.T.Senthil Kumar, Addl. Public Prosecutor for R6.
COMMON JUDGMENT (By G.R.SWAMINATHAN, J.) Heard the learned counsel for the appellant.
2.The Executive Officer of Thiru Courtralla Natha Swami Temple is the appellant in all these writ appeals. The temple had leased out a number of shops in the vicinity of the temple. A fire accident took place. Therefore, the temple had to evict all the lessees. Some of the lessees filed writ petitions seeking priority in the matter subsequent allotment of lease. With the aforesaid prayer, they filed W.P.(MD)Nos.30059, 30060 and 30061 of 2023. The learned Single Judge did not grant the relief as sought for. However, vide order dated 21.12.2023, the learned Single Judge directed the temple management to return lease amount for the period for which the lessees could not run the shop. Aggrieved by this direction, these writ appeals have been filed. 5/8
3.The lessees in question had not caused any damage to the interest or property of the temple. The temple also does not have any counter claim against lessees. For no fault of their own, they had been evicted from the shops. That is why, the learned Single Judge gave an equitable direction for refund of the lease amount covering 35 days. We do not want to interfere with such an equitable order. These writ appeals stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
(G.R.S. J.,) & (K.R.S. J.,) 30.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, 2.The Joint Commissioner, 6/8
3.The Special Tahsildar [HR and CE], 4.The Deputy Superintendent of Police, 7/8
G.R.SWAMINATHAN, J.
and K.RAJASEKAR, J.
ias 30.06.2025 8/8