Nagasundaram, v. Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.4968 of 2018 and W.M.P(MD).No.4962 of 2018 Nagasundaram ... Petitioner Vs 1.Secretary to Government, Tamil Nadu Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, HR & CE, Trichy, Office of the Joint Commissioner, HR & CE Admin Department, Uthamar Koil Campus, Pitchandar Koil, Trichy-621 216.

4.The Assistant Commissioner/Executive Officer, A/m. Karuppanna Pillai Kattalai annexed to A/m. Jambukeshwarar Akilandeswari Temple, Thiruvanaikoil, Trichy.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to remove the seal affixed in the petitioner's tailoring shop measuring about 197 sq.ft in Door No.68, Trunk Road, Thiruvanaikoil, Trichy, and leave free to enable the petitioner to run his business as the revision petition No.10/2018 on the file of the first respondent is pending.

For Petitioner : Mr.T.Lenin Kumar For R1 to R3 : Mr.P.T.Thiraviam Government Advocate For R4 : Mr.P.Thiyagarajan Standing Counsel 1/3

ORDER

Today, the respondents produce the copy of the order passed by the first respondent under Section 114 of the HR&CE Act, 1959, dismissing the revision filed by the petitioner by an order, dated 04.09.2019. By the aforesaid order, the petitioner has been declared to an encroacher and the petitioner has been asked to pay the arrears for the use and occupation of the encroached property of the fourth respondent.

2. In view of the above, nothing further survives for adjudication and the writ petition liable to be dismissed and is accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.Secretary to Government, Tamil Nadu Tourism, Culture and Religious Endowment Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The Joint Commissioner, HR & CE, Trichy, Office of the Joint Commissioner, HR & CE Admin Department, Uthamar Koil Campus, Pitchandar Koil, Trichy-621 216.

4.The Assistant Commissioner/Executive Officer, A/m. Karuppanna Pillai Kattalai annexed to A/m. Jambukeshwarar Akilandeswari Temple, Thiruvanaikoil, Trichy.

2/3

+1 CC to M/s.SPL GP ( SR-6451[F] dated 16/02/2022 ) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

W.P(MD).No.4968 of 2018 15.02.2022 NSN(CO) KB(03.03.2022) 3P 6C 3/3