J.Kadar Mohamed Rafi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.3978 of 2016 and M.P.(MD).Nos.3568 and 3569 of 2016 J.Kadar Mohamad Rafi ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, 119 Uthamar Gandhi Road, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, West Chitrai Street, Madurai 625 001.

3. The Assistant Commissioner/ Executive Officer, Arulmigu Koodal Alagar Temple, Madurai 625 001.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of third respondent pertaining to impugned notice of public auction vide his proceedings in Na.Ka.No.65/2016/A4 and 704/2013/A4 dated 18.02.2016 as published in local daily "Daily Thanthi" on 19.02.2016 and quash the said notice in respect of its first item as illegal and consequently, direct the respondents to extend the lease agreement granted to the petitioner in Old door No.102/1 present Door No.240/1 at Nethaji Road, Madurai in accordance with law. For Petitioner : Mr.S.Lakshmanan For Respondents : Mr.S.Manohar

O R D E R

The Writ Petition has been filed for a Writ of Certiorarified Mandamus to call for the records of third respondent relating to impugned notice of public auction vide his proceedings in Na.Ka.No.65/2016/A4 and 704/2013/A4 dated 18.02.2016 as published in local daily "Daily Thanthi" on 19.02.2016 and quash the said notice in respect of its first item as illegal and consequently, https://hcservices.ecourts.gov.in/hcservices/

direct the respondents to extend the lease agreement granted to the petitioner in Old door No.102/1 present Door No.240/1 at Nethaji Road, Madurai in accordance with law.

2. The learned counsel for the petitioner submitted that the only grievance of the petitioner is that he may not be permitted to participate in view of clause No.6 of the auction notice.

3. The learned counsel for the respondents submitted that since this Court, in the earlier writ petition, has already permitted the petitioner to participate in the auction and the Commissioner has also permitted him to participate in the auction, there is no bar for him to participate in the auction.

4. The submission made by the learned counsel for the respondents is recorded and the petitioner is permitted to participate in the auction. Accordingly, the Writ Petition is closed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/ Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, 119 Uthamar Gandhi Road, Nungambakkam, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, West Chitrai Street, Madurai 625 001.

3. The Assistant Commissioner/ Executive Officer, Arulmigu Koodal Alagar Temple, Madurai 625 001.

+One CC to M/s.S.Lakshmanan Advocate in Sr.No.10792 +One CC to M/s.S.Manohar Advocate in Sr.No.11215+ +One CC to Special Government Pleader Sr.No.11286 CN/SKS-RR/10.03.2016/2P-7C W.P.(MD)No.3978 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 25.02.2016