Madras High Court
K.Sekar vs The Commissioner on 26 February, 2021
WP.No.4670 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.4670 of 2021
1.K.Sekar
2.S.Devi
3.M.Mangalam
4.S.Sarath Babu
5.S.Praveen ...Petitioners
Vs.
1.The Commissioner
Hindu Religious and Charitable Endowments Board
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner
Hindu Religious and Charitable Endowments Board
Vellore.
3.The Assistant Commissioner
Hindu Religious and Charitable Endowments Board
Kancheepuram.
4.The Executive Officer,
Thirukazhukundaram, Vedagirisvarar Thirukoil,
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WP.No.4670 of 2021
Thirukazhukundaram, Kancheepuram District
5.M/s.Adhilakshmi Ammal
Dharma Chathiram,
Thirukazhukundaram,
rep.by its trustee,
P.Srinivasan,
6.The District Collector,
Kancheepuram District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
to Writ of Mandamus directing the respondents 2 to 4 i.e., the Joint Commissioner,
Hind Religious and Charitable Endowment, Vellore, the Assistant Commissioner,
Hindu Religious and Charitable Endowment Department, Kancheepuram and the
Executive Officer, Arulmighu, Vedagirisvarar Koil, Thirukazhukundaram,
Kancheepuram to permit the petitioners to occupy the 5 residential houses and 9
shops in Door No.9 and 21 to 27, Kavarai Street, Thirukazhukundaram,
Kancheepuram District in which they are already tenants by fixing reasonable rent
for the above 5 houses and 9 shops on the petitioners by considering their
representations dated 05.03.2019, 27.01.2020 and 18.05.2020 and in view of the
recent Government Orders in respect of the lands and premises belongs to the
Hindu Religious and Charitable Endowment Department and giving those
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WP.No.4670 of 2021
properties to the persons who were already in possession of the temple land and
premises.
For Petitioner : Mr.K.Balakrishnan
For Respondents : Mr.R.P.Prathap Singh
Government Advocate for R1 to R3 and R6
Mr.R.Bharnidharan for R4
*********
ORDER
The petitioner has prayed that the representations dated 05.03.2019,
27.01.2020 and 18.05.2020 to the official respondents be considered favourably
permitting them to occupy the 5 residential houses and 9 shops in Door No.9 and
21 to 27, Kavarai Street, Thirukazhukundaram, Kancheepuram District (property
in question).
2. Mr.R.Bharanidharan, learned counsel accepts notice for R4 and points
out that as per judgment of the Supreme Court dated 05.12.2020 in K.Sekar and
Others Vs. M/s. Adhilakshmi Ammal Dharma Chathiram and Others in
SLP.(C).Nos.27172 to 27176 of 2017, possession of the property in question has
been recovered by the temple and auction of the same is scheduled on 01.03.2021.
3. At this juncture, learned counsel for the petitioners would state that he
does not pursue the prayer any more and would be content if the petitioners are
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WP.No.4670 of 2021
permitted to participate in the auction. A memo dated 26.02.2021 has also been
filed to this effect.
4. This writ petition is dismissed as withdrawn. However, the petitioners are
at liberty to participate in auction to be conducted by the temple on 01.03.2021, in
accordance with law. No costs.
26.02.2021
ska
Note: Registry is directed to upload this order on 26.02.2021.
Index: Yes/No
Speaking/Non speaking order
To
1.The Commissioner
Hindu Religious and Charitable Endowments Board
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner
Hindu Religious and Charitable Endowments Board
Vellore.
3.The Assistant Commissioner
Hindu Religious and Charitable Endowments Board
Kancheepuram.
4.The Executive Officer,
Thirukazhukundaram, Vedagirisvarar Thirukoil,
Thirukazhukundaram, Kancheepuram District
5.The District Collector,
Kancheepuram District.
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WP.No.4670 of 2021
DR. ANITA SUMANTH, J.
ska
W.P.No.4670 of 2021
26.02.2021
https://www.mhc.tn.gov.in/judis/
