S.Natarajan v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 S.Natarajan ... Petitioner Vs.

1.The Secretary to Government, Hindu Religious and Tamil Development and Culture Department, Government of Tamilnadu, Fort.St.George, Chennai - 600 009.

2.The Special Commissioner and Commissioner, Hindu Religious and Tamil Development and Culture Department, Chennai - 600 034.

3The Joint Commissioner, H.R. & C.E. (Admn) Department, Tirunelveli.

4.Arulmigu Swamy Nellaiyappar and Arul Tharum Gandhimathi Ambal Thirukovil, Rep. by its Executive Officer, Tirunelveli Town.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose the Revision petition filed against R.P.No.48/2006 D2 dated 05.05.2008 by the petitioner on 31.10.2008 with in a stipulated period as fixed by this Court. For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.R.Ragavendhran, Government Advocate for R1 to R3.

Mr.G.Madhavan for R4.

ORDER

Heard the learned counsel on either side.

2.The petitioner was inducted as a lessee by the fourth respondent temple. The petitioner was occupying one of the shops belonging to the temple. The petitioner was in arrears of rent. Hence, eviction order under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 was passed. It was questioned before the Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai. The Commissioner also confirmed the 2/4

eviction order. Aggrieved by the same, the petitioner filed review before the Government. Since it was not numbered, the present writ petition came to be filed.

3.More than eight years have gone by. In the intervening period, the petitioner approached the temple and regularized the default. The arrears had been paid. Fair rent has been fixed. As on date, the petitioner is not in arrears.

4.Recording the subsequent developments, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

21.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The Secretary to Government, Hindu Religious and Tamil Development and Culture Department, Government of Tamilnadu, Fort.St.George, Chennai - 600 009.

2.The Special Commissioner and Commissioner, Hindu Religious and Tamil Development and Culture Department, Chennai - 600 034.

3The Joint Commissioner, H.R. & C.E. (Admn) Department, Tirunelveli.

21.07.2023 4/4