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Madras High CourtWP(MD)/24513/2019disposed of

M.Mahalakshmi v. The Joint Commissioner

2019-11-27Honourable Mr Justice M. Govindaraj5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)Nos.24513, 24514, 24517, 24518, 24520, 24824, 24827 and 24830 of 2019 and W.M.P.(MD)Nos.21133, 21136, 21137, 21140, 21142, 21409, 21414 and 21418 of 2019 M.Mahalakshmi ... Petitioner in WP(MD). 24513 of 2019 K.Vellathai ... Petitioner in WP(MD). 24514 of 2019 M.Vijaya ... Petitioner in WP(MD). 24517 of 2019 V.Rajendran ... Petitioner in WP(MD). 24518 of 2019 G.Meenakshi Ammal ... Petitioner in WP(MD). 24520 of 2019 K.Shankarsubbu ... Petitioner in WP(MD).24824 of 2019 Muniyandi ... Petitioner in WP(MD). 24827 of 2019 M.Maheswaran ... Petitioner in WP(MD). 24830 of 2019 Vs.

1.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments, Sivagangai District.

2.The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, : RR 1 & 2 in Wps 24513, 24514,24517,24518 and 24520 of 2019 3.The Executive Officer, Arulmigu Venkatachalapathy Thirukovil, Sattur, Virudhunagar District. : R3 in Wps 24513,24517 and 24520 of 2019

4. The Executive Oficer, Arulmigu Soma Sundarar Vinayagar Temple, Sattur, Virudhunagar District. : R3 in WPS 24514 and 24518 of 2019

5. The Executive Oficer, Arulmigu Soma Sundarar Vinayagar Thirukovil, at Arulmigu Venkatachalapathy Thirukovil, Sattur Town & Taluk, virudhunagar District.

: R1 in Wps 24824,24827 and 24830 of 2019 1/5

Prayer in WP(MD). 24513/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent not to evict the petitioner from her residential house at Door No.52, Perumal Kovil North Car Street, Sattur, Virudhunagar District, without following the due process of law for eviction of tenants of the temple property contemplated under the Hindu Religious and Charitable Endowments Department Act, 1959. Prayer in WP(MD). 24514/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court directing the 3rd respondent not to evict the petitioner from her business premises situation at D.No.64, Perumal Koil St, South Car St, Sattur, Virudhunagar dt without following the due process of law for eviction of tenants of the temple property contemplated under the Hindu Religious and Charitable Endowments Department Act 1959 Prayer in WP(MD). 24517/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the 3rd respondent not to evict the petitioner from her residential house at D.No.14/23, Perumal Kovil North Car St, Sattur, Virudhunagar District without following the due process of law for eviction of tenants of the temple property contemplated under the HIndu Religious and Charitable Endowments Department Act 1959. Prayer in WP(MD). 24518/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the 3rd respondent not to evict the petitioner from her residential house at D.No.72, Perumal Kovil North Car St, Sattur, Virudhunagar District without following the due process of law for eviction of tenants of the temple property contemplated under the HIndu Religious and Charitable Endowments Department Act 1959.

Prayer in WP(MD). 24520/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court directing the 3rd respondent not to evict the petitioner form her residential house at D.No.11/16, Perumal Koil North Car St, Sattur, Virudhunagar district without following the due process of law for evication of tenants of 2/5

the temple property contemplated under the Hindu religious and Charitable Endowments Department Act 1959 Prayer in WP(MD). 24824/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondent not to evict the petitioner from his residential property at old Door No.51-A, New Door No.65, Perumal Kovil South Car Street, Sattur, Virudhunagar District Prayer in WP(MD). 24827/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondent not to evict the petitioner from his residential property at old Door No.51, New Door No.51, Perumal Kovil South Car Street, Sattur, Virudhunagar District Prayer in WP(MD). 24830/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondent not to evict the petitioner from his residential property at old Door No.63, New Door No.109, Perumal Kovil South Car Street, Sattur, For Petitioner : Mr.A.Balaji (in Wps 24513,24514,24517, 24518,24520 of 2019) : Mr.C.M.Arumugam (in Wps.24824,24827 and 24830 of 2019) For Respondents : Mrs.J.Padmavathi Devi, for R1 : Mr.VR.Shanmuganathan, for R2 : Mr.P.Mahendran, For R3 ( in Wps 24513,24514,24517, 24518,24520 of 2019) : Mr.P.Mahendran, For R1 (in Wps.24824,24827 and 24830 of 2019) COMMON ORDER Since the issues involved in all the Writ Petitions are one and the same, they have been taken up for hearing together and are being decided by means of this common order.

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2. The present Writ Petitions have been filed seeking for a direction, directing the Executive Officer, not to evict the petitioners from their respective residential house.

3. Heard the submissions made on either side.

4. The Temple has quoted fair rent and arrears payable by the petitioners.

5. Pending Writ Petitions, the petitioners today filed an affidavit of undertaking that they will clear the arrears and continue to pay the fair rent.

6. In view of the above, the affidavit of undertaking filed by the petitioners is taken on record and the petitioners shall clear the arrears, within a period of four weeks from the date of receipt of a copy of this order and continue to pay the fair rent.

7. Accordingly, the Writ Petitions are disposed of, in terms of the affidavit of undertaking. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) SML To 1.The Joint Commissioner, Department of Hindu Religious and Charitable Endowments, Sivagangai District.

2.The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, 3.The Executive Officer, Arulmigu Venkatachalapathy Thirukovil, Sattur, 4/5

4. The Executive Oficer, Arulmigu Soma Sundarar Vinayagar Temple, Sattur, Virudhunagar District.

5. The Executive Oficer, Arulmigu Soma Sundarar Vinayagar Thirukovil, at Arulmigu Venkatachalapathy Thirukovil, Sattur Town & Taluk, virudhunagar District.

+1cc to Mr.A.Balaji, Advocate Sr.No.102514 +1cc to Mr.P.Mahendran, Advocate Sr.No.102309 +1cc to SPL GP SR.No. 102831 Common Order made in W.P.(MD)Nos.24513, 24514, 24517, 24518, 24520, 24824, 24827 and 24830 of 2019 Dated: 27.11.2019 VB(19.12.2019) 5P 9C 5/5