Madras High CourtWP(MD)/6348/2018dismissed

Nagarajan, v. The Commissioner,

2022-02-15Honourable Mr Justice C. Saravanan2 pages

W.P(MD)No.6348 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.6348 of 2018 and W.M.P(MD).No.6196 of 2018 Nagarajan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Administration Department, Chennai-600 034.

2.Takkar/The Executive Officer, Arulmigu Meenatchi Sundara Vinayakar, Nanthavanakattalai, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent impugned order dated 28.02.2018 in R.C.No.68049/2017/D2 and the consequential order dated 09.03.2018 by the second respondent, quash the same and consequently directing the respondents to refix the revised rent as per guidance of market value in accordance with law according to that first respondent, to number the main appeal in R.C.No.68049/2017/D2 for initiating the trial proceedings. For Petitioner : M/s.S.Mahalakshmi For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.P.Mahendran

ORDER

The petitioner appears to have not complied with the order of this Court dated 26.03.2018 in W.M.P(MD).No.6196 of 2018. The appeal filed before the Commissioner under Section 34-A of the HR&CE Act, has also been dismissed by the Commissioner, HR&CE, Admn.Department, Chennai vide order dated 25.09.2018 in D.Dis.A.P.24 of 2018 (D2).

2. This Writ Petition is therefore dismissed. However, liberty is given to the petitioner to workout appropriate remedy against order of the Commissioner in accordance with law. If such appeal is https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.6348 of 2018 filed within a period of thirty days from the date of rate of receipt of copy of this order, the appellate authority shall receive the appeal and pass appropriate orders on merits and in accordance with law. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 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.

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Administration Department, Chennai-600 034.

2.Takkar/The Executive Officer, Arulmigu Meenatchi Sundara Vinayakar, Nanthavanakattalai, Virudhunagar District.

+1 CC to M/s.SPL GP ( SR-6512[F] dated 16/02/2022 ) W.P(MD).No.6348 of 2018 15.02.2022 SK(CO) KB(05.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2