J.Alexander v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.23098 of 2023 and W.M.P(MD)No.19287 of 2023 J.Alexander ... Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.
4. The Executive Officer, Arulmigu Varamtharum Perumal Thirukovil, Thatchanallur, Tirunelveli.
... Respondents 1/7
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Eviction Notice, dated 08.09.2023 on the file of the 4th Respondent and quash the same as illegal and consequently directing the 1st Respondent to number and dispose the Petitioner's Revision Petition, dated 27.07.2023 within a stipulated period and directing the Respondents 3 and 4 not to take any coercive steps to vacate the Petitioner from the premises in Survey No.127, Door No.34 (Grocery Shop), Madurai Road, Tirunelveli, till the disposal of the revision petition on the file of the 1st Respondent. For Petitioner : Mr.P.Balamurugan For Respondents : Mr.S.P.Maharajan, Special Government Pleader
ORDER
This writ petition is filed for Writ of Certiorarified Mandamus to quash impugned Eviction Notice, dated 08.09.2023 and also seeking a consequential direction to the 1st respondent to number and dispose the Petitioner's Revision Petition, dated 27.07.2023.
2. Heard Mr.P.Balamurugan, the Learned Counsel appearing for the Petitioner, Mr.S.P.Maharajan, the Learned Special Government Pleader appearing 2/7
for the respondents and perused the material documents available on record. With their consent, the writ petition is taken up for final disposal at the admission stage itself.
3. Admittedly, the petitioner is a lessee under the respondents. According to the petitioner, there are arrears to the tune of Rs.4,19,165/-.
4. Per contra, according to the respondents, the petitioner is having rent arrears to the tune of Rs.6,03,994/-.
5. By taking all facts into consideration, this Court is of the considered opinion that the petitioner's case is ought to be considered. The respondents are directed to accept the amount which is deposited today, (i.e. on 20.09.2023) by way of Demand Draft bearing No.203796 for a sum of Rs.2,00,000/-.
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6. The Learned Special Government Pleader appearing for the respondents submitted that the petitioner has submitted a Revision petition before the Commissioner, however, the same was returned.
7. Therefore, this Court is passing the following Order: (i) The petitioner is directed to re-submit the Revision Petition before the Commissioner, within a period of 4 weeks form the date of receipt of a copy of the Order.
(ii). On such re-submission of the Revision Petition, the respondents shall consider the Revision Petition, within a period of Six months, thereafter. (iii) The petitioner is further directed not to put up any construction in the disputed site.
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(iv) The petitioner is further directed to submit the Demand Draft to the Executive Officer on 21.09.2023, without fail.
8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 20.09.2023 Internet : Yes ksa 5/7
To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.
4. The Executive Officer, Arulmigu Varamtharum Perumal Thirukovil, Thatchanallur, Tirunelveli.
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S.SRIMATHY, J ksa Order made in W.P.(MD)No.23098 of 2023 20.09.2023 7/7