K.Arumugam, v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.9912 of 2017 K.Arumugam ... Petitioner Vs.

1.The Chief Secretary, Government of Tamil Nadu, Chennai.

2.The Principal Secretary, Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu, Chennai.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, Chennai.

4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmigu Tiruchendur Subramaniya Swamy Temple, Tiruchendur - 628 215.

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5.The Superintendent of Police, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to give the permission not to stop the flow of the water to the Agricultural crops from the deeped bore well and to make that flow of the water to the Agricultural crops permanent based on the petitioner's representation dated 19.05.2017. For petitioner : Mr.B.Char Murugan For respondents : Mr.P.Subbaraj Additional Government Pleader for R1 to R3 Mr.M.Muthu Geethayan for R4 *****

ORDER

Heard learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 3 and learned counsel for the fourth respondent.

2. It is noticed that the petitioner filed this Writ Petition for the relief of directing the respondents to give the permission not to stop the flow of the water to the Agricultural crops from the bore well and to make that flow of the water to the Agricultural crops permanent based on the petitioner's representation dated 19.05.2017.

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3. The petitioner appears to be a lessee of the fourth respondent/Temple since 1992.

4. However, it is the case of the respondents that the petitioner has not paid any lease rent to the fourth respondent since 1992 and the amount due payable is Rs.7,70,457/- for the period from 1992 upto 2009.

5. Hence, it is either for the petitioner to regularize the default and continue in possession of the property or in alternative, it is open for the respondents to take steps to evict the petitioner with the aid of the fifth respondent viz., Superintendent of Police, Tirunelveli. Therefore, there is no merits in this Writ Petition.

This Writ Petition is dismissed, with above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 04.07.2024 Internet : Yes / No apd 3/5

To 1.The Chief Secretary, Government of Tamil Nadu, Chennai.

2.The Principal Secretary, Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu, Chennai.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, Chennai.

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C.SARAVANAN, J.

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