Madras High CourtWP(MD)/7815/2018dismissed

J.Senthil Rajesh v. The Commissioner

2022-02-10Honourable Mr Justice C. Saravanan2 pages

Writ Petition (MD) No.7815 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) No.7815 of 2018 and W.M.P.(MD)No.7390 of 2018 J.Senthil Rajesh .. Petitioner

Versus

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungampakkam, Chennai.

2.The Joint Commissioner/Executive Officer, Arulmigu Subramaniyaswamy Temple, Tiruchenthur, Thoothukudi District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to allot vacant place for shop/shop near Arulmigu Subramaniaswmay Temple or any other place in Tiruchenthur in Thoothukudi District in alternate to shop No.17 at Shanmugavilasam in the Temple premises which closed as per the orders of the second respondent on priority within a time limit to be stipulated by this Court. For Petitioner :

Mr.C.Masilamani For R1 :

Mr.P.T.Thiraviam Government Advocate For R2 :

Mr.M.Muthugeethayan

ORDER

Today, when the matter is taken up for hearing, the learned counsel for the second respondent submitted that in the year 2017, the outer Giri Prakaram of Arulmighu Sree Subramaniya Swamy Thirukovil, Tiruchendur, fell down and therefore, all the existing lessees were given an alternate accommodation, which includes one Alagu Sundari, from whom the petitioner is said to have sub-leased the property. The learned counsel for the second respondent further submitted that the three years period came to an end during March 2021 and due to outbreak of COVID-19, the said period has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

Writ Petition (MD) No.7815 of 2018 extended by another seven months. It is further submitted that aforesaid period will also expire very soon and therefore, the Writ Petition is liable to be dismissed. The learned counsel for the second respondent also submitted that Alagu Sundari has also paid the amount when alternate shop was given to her. 2.Be that as it may, the petitioner's representation dated 06.03.2018, shall be considered and appropriate orders shall be passed after giving notice of hearing to the petitioner and the said Alagu Sundari. The said exercise shall be carried out by the respondents within a period of three months from the date of receipt of a copy of this order.

3.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) smn2 To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungampakkam, Chennai.

2.The Joint Commissioner/Executive Officer, Arulmigu Subramaniyaswamy Temple, Tiruchenthur, Thoothukudi District.

+1 CC to M/s.M.MUTHUGEETHAYAN, Advocate ( SR-5634[F] dated 11/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5695[F] dated 11/02/2022 ) WP (MD) No.7815 of 2018 10.02.2022 RD(25.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2