The Executive Officer vs K.Ramanaiah
2021 Latest Caselaw 15595 Mad

                                                                       W.A.No.198 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 03.08.2021

                                                    CORAM

                                    THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                     and
                                    THE HON'BLE MRS.JUSTICE S.KANNAMMAL

                                              W.A.No.198 of 2021
                                            and C.M.P.No.916 of 2021

                     The Executive Officer,
                     Arulmigu Pidari Uthanatchiamman
                     Mangaleeswarar & Bala Vinayagar Thirukkoil,
                     Arumbakkam, Chennai - 600 106.                         .. Appellant

                                                      Vs

                     1.K.Ramanaiah
                     2.K.Padma
                     3.E.Parthasarathy
                     4.E.Indraprakash
                     5.E.Ravichandran
                     6.K.Shanthi
                     7.R.Sundar
                     8.R.Babu
                     9.V.Seetharama Naidu
                     10.V.S.Sivakumar
                     11.S.Elango
                     12.S.Selvamoorthy
                     13.K.Kumar
                     14.K.Krishnakumar
                     15.S.Valli

                     16.The Assistant Commissioner,
                        Hindu Religious and Charitable Endowments
                          Department, 119, Uttamar Gandhi Salai,
                        Nungambakkam, Chennai - 600 034.


                     Page 1 of 5


https://www.mhc.tn.gov.in/judis/
                                                                               W.A.No.198 of 2021



                     17.The Joint Commissioner,
                        Hindu Religious and Charitable Endowments
                          Department, 119, Uttamar Gandhi Salai,
                        Nungambakkam, Chennai - 600 034.                           .. Respondents


                               Appeal filed under Clause 15 of Letters Patent against the order

                     dated 27.07.2017 made in W.P.No.1999 of 2017.


                               For Appellant           :    Mr.V.Guhan

                               For Respondents         :    Mr.S.Balaji for R1 to R15
                                                            Mr.D.Ravichander,
                                                            Government Counsel
                                                            for R16 and R17

                                                        JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred against the order dated

27.07.2017 made in W.P.No.1999 of 2017.

2. Heard the learned counsel appearing for the parties.

3. Learned counsel appearing for respondents 1 to 15 submits

that nothing survives for adjudication as an adverse order has already

been passed against respondents 1 to 15 by the Joint Commissioner

holding them as encroachers and, therefore, ordered for eviction. As

against the said order, revision has also been filed, which is pending.

https://www.mhc.tn.gov.in/judis/ W.A.No.198 of 2021

4. In such view of the matter, nothing survives for adjudication in

this appeal except by clarifying that para 5 of the order of the learned

single Judge which speaks of putting fourth the case by respondents 1

to 15 with regard to fixation of rent is only a wrong recording as it is

obviously with respect to their occupation, which has been rightly

understood by the Joint Commissioner.

5. This writ appeal stands closed with a direction to the revisional

authority/Commissioner of H.R. and C.E., Department to dispose of the

pending revision within a period of eight weeks from the date of

receipt of a copy of this judgment. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                      (M.M.S., J.)    (S.K., J.)
                                                                           03.08.2021
                     Index:Yes/No
                     mmi/ssm

                     To

1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

https://www.mhc.tn.gov.in/judis/ W.A.No.198 of 2021

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

https://www.mhc.tn.gov.in/judis/ W.A.No.198 of 2021

M.M.SUNDRESH,J.

and S.KANNAMMAL,J.

mmi

W.A.No.198 of 2021

03.08.2021

https://www.mhc.tn.gov.in/judis/