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Madras High CourtWP(MD)/13971/2017disposed of

K.Saravanan, v. The Commissioner

2017-07-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.13971 of 2017 and W.M.P.(MD) No.10927 of 2017 K.Saravanan ... Petitioner -vs1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-34.

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

3. The Assistant Commissioner/Executive Officer, Arulmigu Koodal Alagar Thirukkovil, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioner from the Shop No.63, Mela Aavani Moola Street, Madurai and till passing of the order in Revision Petition No.286 of 2017 on the file of the 1st respondent.

For Petitioner: Mr.K.Chellapandian, Senior Counsel For Mr.A.balaji For R1 & R2 : Mr.S.Kumar Addl. Govt. Pleader For R3 : Mr.K.R.Laxman *****

O R D E R

This Writ Petition has been filed to forbear the respondents from evicting the petitioner from the Shop No.63, Mela Aavani Moola Street, Madurai and till passing of the order in Revision Petition No.286 of 2017 on the file of the 1st respondent.

2. Heard the learned Senior Counsel for the petitioner, the learned Additional Government Pleader appearing for R1 & R2 and the learned counsel for R3.

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3. It is seen that the Hon'ble Division Bench of this

Court, by its order dated 10.04.2017 in W.A.(MD) No.145 of 2017, had permitted the petitioner to continue in occupation upto 31.07.2017, with further direction to the third respondent to consider the representation of the petitioner to be filed so as to continue at an enhanced rate beyond 31.07.2017. Accordingly, the petitioner submitted a representation dated 15.05.2017.

4. At this juncture, the learned Senior Counsel for the petitioner has submitted that the representation of the petitioner dated 15.05.2017 has been rejected by the third respondent, against which, a revision in Rev.No.286 of 2017 is pending disposal.

5. In view of what is stated hereinabove, this Court is of the view that since the Division Bench has already seized of the matter and fixed the outer limit upto 31.07.2017, if at all, any modification is required by the petitioner in respect of the issue at hand, the petitioner has to approach the Hon'ble Division Bench only for appropriate orders.

6. With the above observation, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To:

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-34.

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

3. The Assistant Commissioner/Executive Officer, Arulmigu Koodal Alagar Thirukkovil, Madurai.

+1cc to Mr.A.Balaji,Advocate,SR.68020 +1cc to Mr.K.R.Laxman,Advocate,SR.68167 W.P(MD) No.13971 of 2017 27.07.2017 AR/RM KK/SKN RSK/SAR2/27.07.2017/ 2P-6C/ https://hcservices.ecourts.gov.in/hcservices/