S.P.S.M.Mathan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.18980 of 2021 S.P.S.M.Mathan ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, (opp to Taj Hotel), Chennai.
2.The District Collector, Virudhunagar District, Virudhunagar.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, West Chithirai Street, Madurai-1.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Opposite to Anbuselvan (Pediatrician) Hospital, Virudhunagar.
5.The Exclusive Officer/Thakkar, Saravanamuthupillai Chatram, Virudhunagar, O/o, Arulmiga Sokkanathaswamy Thirugoil, Virudhunagar.
6.T.M.K.Karuppasamy
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 3 to 5 to permit the petitioner to pay rent in respect of the shop No.159, Kanchi Complex Opposite to Arockiyaraj Hotel, Madurai road, Virudhunagar by considering his representations dated 06.01.2021 and 30.06.2021 within a stipulated period as framed by this Court.
For Petitioner : Mr.R.Mohanasundaram 1/3
For R1 to R4 : Mr.P.Subbaraj Counsel for State For R5 : Mr.V.Chandrasekar Standing Counsel
ORDER
The petitioner seeks a direction for the payment of rent in respect of Shop No.159, Kanchi Complex Opposite to Arockiyaraj Hotel, Madurai Road, Virudhunagar.
2.According to the petitioner, he is a tenant of Shop No.156 in Kanchi Complex. He states that he has been regularly remitting rent to the sixth respondent without any arrears. The present writ petition is filed because the fifth respondent affixed a notice dated 24.08.2021 stating that the shops in the said complex belonged to the Arulmigu Sokkanthar Thirkoil, Virudhunagar and that, therefore, rent should be paid to the fifth respondent. 3.In the above circumstances, the petitioner states that he made a representation dated 06.01.2021 seeking acceptance of rent. 4.Mr.P.Subbaraj, learned counsel for the State, accepts notice for respondents 1 to 4 and Mr.V.Chandrasekar, learned Standing Counsel, accepts notice for the fifth respondent. Mr.V.
Chandrasekar submits that the fifth respondent is ready and willing to accept rent from the petitioner and also issue receipts in respect thereof. As such, the grievance of the petitioner stands redressed. Any claims or counter claims as between the petitioner and the sixth respondent are beyond the scope of this lis and should be resolved separately by the said parties.
5.Accordingly, by recording the submission of the fifth respondent, W.P.(MD).No.18980 of 2021 is disposed of without any order as to costs.
Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 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.
2/3
To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, (opp to Taj Hotel), Chennai.
2.The District Collector, Virudhunagar District, Virudhunagar.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, West Chithirai Street, Madurai-1.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Opposite to Anbuselvan (Pediatrician) Hospital, Virudhunagar.
5.The Exclusive Officer/Thakkar, Saravanamuthupillai Chatram, Virudhunagar, O/o, Arulmiga Sokkanathaswamy Thirugoil, Virudhunagar.
+1 CC to M/s.SPL.GP ( SR-32870[F] dated 27/10/2021 ) W.P(MD).No.18980 of 2021 26.10.2021 RK/UV(09.11.2021) 3P 7C 3/3