Madras High Court
R.Sathyamoorthy vs The Special Commissioner & ... on 20 July, 2021
W.A.No.1685 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1685 of 2021
and C.M.P.No.10709 of 2021
R.Sathyamoorthy .. Appellant
Vs
1.The Special Commissioner & Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner(Joint Administration)
Hindu Religious & Charitable Endowments Department,
Nungambakkam, Chennai - 600 034.
3.Arulmigu Srinivasa Perumal Temple,
Rep. by its Executive Officer,
L.N.P.Kovil Street,
Egmore, Chennai - 600 008. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 08.04.2021 made in W.P.No.7653 of 2011.
For Appellant : Mr.J.T.Rajasuriya
For Respondents : Mr.S.Arumugam
Government Counsel (HR&CE)
Page 1 of 6
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W.A.No.1685 of 2021
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This case has got a chequered history. The appellant's father was
proceeded against by filing suit in O.S.No.7572 of 1981 for recovery of
possession, which was decreed years back.
2. On the request of the appellant, an effort was made to resolve
the dispute. However, the proposal was modified by the communication
of the Commissioner in Na.Ka.No.69499/2007 dated 02.05.2008. Even
this proposal has not been given effect to. At that stage, the appellant
filed a writ petition in W.P.No.21168 of 2008 seeking a writ of
mandamus directing the respondents to implement the decision of the
first respondent dated 02.05.2008. This was dismissed on 28.08.2008.
3. W.P.No.27508 of 2009 has been again filed by the appellant
seeking a writ of mandamus directing the respondents to consider the
representation made. This writ petition was also dismissed inter alia
holding that inasmuch as there is no lease agreement in favour of the
appellant and the suit having attained finality, the respondents decided
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W.A.No.1685 of 2021
to proceed further. The appellant has got no legal right to seek renewal
of the lease.
4. Not satisfied with the aforesaid dismissal of the writ petition,
the appellant filed one more writ petition in W.P.No.7653 of 2011,
surprisingly laying a challenge to the communication sent by the
Commissioner of HR&CE to the Office of the Government Pleader. This
was dismissed by the learned Single Judge by taking note of all the
earlier proceedings. Challenging the aforesaid order, the present writ
appeal has been filed before us.
5. Learned counsel appearing for the appellant once again
reiterated the earlier proceedings by which the proposal was initiated
and proceeded thereafter to a certain extent towards grant of tenancy
in favour of the appellant.
6. We are at a loss to understand as to how the present writ
petition which is under challenge before us is maintainable. The
appellant has suppressed the dismissal of the earlier writ petition in
W.P.No.21168 of 2008 which was filed to implement the order of the
first respondent dated 02.05.2008. In fact, even now, this is a sheet
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W.A.No.1685 of 2021
anchor of the appellant's case. The subsequent writ petition filed was
also dismissed.
7. Though the writ petition challenging the communication sent
by the first respondent to the office of the Government Pleader is not
maintainable, the learned single Judge taking note of the aforesaid
facts, passed the order.
8. We do not wish to say anything more as the facts narrated
above speak for themselves. However, we refrain ourselves from
imposing costs.
9. With the above observation, the writ appeal stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
20.07.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.1685 of 2021
To
1.The Special Commissioner & Commissioner,
Hindu Religious & Charitable Endowments Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner(Joint Administration)
Hindu Religious & Charitable Endowments Department,
Nungambakkam, Chennai - 600 034.
3.The Executive Officer,
Arulmigu Srinivasa Perumal Temple,
L.N.P.Kovil Street,
Egmore, Chennai - 600 008.
https://www.mhc.tn.gov.in/judis/
W.A.No.1685 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1685 of 2021
20.07.2021
https://www.mhc.tn.gov.in/judis/
