Madras High CourtWP(MD)/20376/2018disposed of

E. Santhana Pandi, v. The Commissioner,

2018-09-25Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.208

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.20376 of 2018 and W.M.P.(MD) No.18135 of 2018 E.Santhana Pandi ... Petitioner vs.

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai-1.

3. The Executive Officer, Arulmighu Madanagopalasamy Thirukovil, West Masi Street, Madurai-625 001.

4. The Executive Officer, Arulmghu Aanjaneyar Thirukovil, Krishnarayar Teppakkulam Street, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the impugned order passed by the third respondent dated 10.09.2018 and quash the same as illegal and to direct the third respondent to accept the undertaking affidavit of the petitioner and consequently to permit the petitioner to continue the shop till 31.12.2018 as directed by this Court in common order passed in the writ petition in W.P.(MD)No.5534 of 2018, on the file of this Court dated 04.06.2018. For Petitioner : Mr.L.Prabhu For Respondents : Mr.S.Manohar for R.3

O R D E R

At the time when the writ petition is taken up for admission, on behalf of the third respondent, the basis of the demand is being disclosed in writing.

2. At this juncture, the learned counsel for the petitioner would submit that the petitioner may be granted sufficient time to make good the demand and on such amount being deposited, the affidavit of undertaking, as directed by this Court in a batch of writ petitions dated 04.06.2018(W.P.(MD)No.4069 of 2018 etc., ) may be accepted by the respondent.

3. In view of the above submission, the petitioner is granted four weeks' time from the date of receipt of a copy of this order, to deposit the amount as per the demand i.e. Rs.81,806/- (Rupees Eighty One Thousand Eight Hundred and Six only). On such deposit being made within the time stipulated, the third respondent shall accept the affidavit of undertaking to be given by the petitioner to the effect that he shall hand over the vacant leased premises to the respondents on or before 31.12.2018 and shall stand by the affidavit of undertaking. It is made clear that no further extension of time would be granted under any circumstances.

4. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai-1.

3.The Executive Officer, Arulmighu Madanagopalasamy Thirukovil, West Masi Street, Madurai-625 001.

4.The Executive Officer, Arulmghu Aanjaneyar Thirukovil, Krishnarayar Teppakkulam Street, Madurai.

+ 1 CC TO MR.L.PRABHU, ADVOCATE IN SR NO.86312 + 1 CC TO MR.S.MANOHAR, ADVOCATE IN SR NO.86880 SSL BU/SKN/SAR-I : 04.10.2018 : 3P/7C W.P.(MD) No.20376 of 2018 25.09.2018