K.R.Durairaj vs The Commissioner
2023 Latest Caselaw 8530 Mad

                                                                               W.P.No.20463 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 18.07.2023

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                               W.P.No.20463 of 2023

                     K.R.Durairaj                                            ... Petitioner

                                                         vs.

                     1.The Commissioner,
                       Hindu and Religious Charitable Endowments Department,
                       Nungambakkam,
                       Chennai-17.

                     2.Arulmighu Kailasanathur Thirukkoil,
                       Rep. by its Executive Officer,
                       Office at Arulmighu Ellaiamman Temple,
                       Veeraswamy Street,
                       Periamet,
                       Chennai-600 003.                                      ... Respondents


                     PRAYER: Writ Petition is filed Under Article 226 of the Constitution of
                     India to issue a Writ of Mandamus, directing the 1st and 2nd respondents to
                     remove the flex board affixed by the 2nd respondent in the leased out
                     property to the petitioner in Survey No.8 situated at Poonamalee High Road,
                     Vanagaram Village, Saidapet Taluk, Chengelpet District based on his
                     representation dated 29.05.2023.



                     1/8
https://www.mhc.tn.gov.in/judis
                                                                                          W.P.No.20463 of 2023

                                        For Petitioner      : M/s.Subash Law Office

                                        For Respondents : Mr.N.R.R.Arun Natarajan
                                                          Special Government Pleader (HR & CE)

                                                             ORDER

The petitioner herein has come up with this writ petition seeking

issue of writ of Mandamus, directing the respondents to remove flex board

fixed by the 2nd respondent in the property of the 2nd respondent let out to

the petitioner in Survey No.8 situated at Poonamallee High Road,

Vanagaram Village, Saidapet Taluk, Chengelpet District.

2. According to the petitioner, he is a lessee of the property in Survey

No.8 situated at Poonamallee High Road, Vanagaram Village, Saidapet

Taluk, Chengelpet District. Admittedly, the property belongs to the 2nd

respondent/Temple.

3. Earlier, the 2nd respondent instituted a suit for ejectment against the

petitioner in O.S.No.777 of 1995 on the file of the Principal District Munsif

Court, Poonamallee. The said suit was dismissed on 25.06.2009.

Challenging the said judgment, an appeal was filed by the 2nd

https://www.mhc.tn.gov.in/judis W.P.No.20463 of 2023

respondent/Temple in A.S.No.12 of 2011 and the same was also dismissed

for default on 15.02.2023. Thereafter, the petitioner herein filed a writ

petition in W.P.No.4537 of 2011 seeking to issue a Writ of Prohibition

forbearing the respondents therein from interfering with his possession and

enjoyment of the land in Survey No.8 situated at Poonamallee High Road,

Vanagaram Village, Saidapet Taluk, Chengelpet District.

4. In the said writ petition, the Chennai Metro Rail Limited which

was impleaded as 3rd respondent had taken a stand that possession of the

land in Survey No.8 was taken over by Chennai Metro Rail Limited for

laying metro line and after completion of the project, the possession of the

land was handed over to the 2nd respondent/Temple, which was arrayed as

1st respondent therein.

5. This Court after recording the said submissions, dismissed the said

writ petition by directing the petitioner to approach the Civil forum.

6. Now, the petitioner has come up with this writ petition seeking

https://www.mhc.tn.gov.in/judis W.P.No.20463 of 2023

issuance of Writ of Mandamus, directing the respondents to remove the flex

board fixed by them in the above said land. It was mentioned in the said flex

board that the property in Survey No.8 belongs to the 2nd respondent/Temple

and in case of trespass, penal action would be taken against the trespassers.

7. This Court while considering the earlier writ petition filed by the

petitioner, after recording the submission made by the Chennai Metro Rail

Limited that the possession of the property was handed over to the

2nd respondent/Temple, directed the petitioner to approach the Civil Forum

for redressal of his grievance.

8. Instead of approaching the Civil Court to establish his right, the

petitioner is not entitled to come before the Writ Court seeking above said

prayer.

9. The learned counsel appearing for the petitioner by taking this

Court to the receipt issued by the 2nd respondent dated 31.12.2020 receiving

Rs.5,00,000/- from the petitioner and a letter issued by 2nd respondent

addressed to Tamil Nadu Electricity Board giving No Objection for grant of

https://www.mhc.tn.gov.in/judis W.P.No.20463 of 2023

electricity service connection to the petitioner, submitted that the petitioner

is in possession of the above said land.

10. As far as receipt issued by the 2nd respondent dated 31.12.2020 is

concerned, the said receipt was issued without prejudice to the right of the

temple and the amount was treated as damages for use and occupation. In

such circumstances, the same would not advance the case of the petitioner

to prove his present possession of land. As far as letter said to have been

given by the 2nd respondent on 02.01.2021 saying no objection for giving

electricity service connection to the petitioner, the learned Special

Government Pleader appearing for the respondents, on instructions, submits

that the 2nd respondent-Office did not issue any letter on 02.01.2021. He

also submitted that in this regard an enquiry is contemplated and in case of

adverse finding, appropriate action would be taken against the concerned

officer.

11. This Court in the earlier writ petition filed by the petitioner

recorded the statement made by the Chennai Metro Rail Limited that

possession of the property was handed over to the Temple. The petitioner

https://www.mhc.tn.gov.in/judis W.P.No.20463 of 2023

was also relegated to the Civil Court for redressal of his grievance. The said

order has attained finality, as petitioner has not challenged the same.

12. In view of the same, this Court is not inclined to entertain this

writ petition. If the petitioner has got any grievance, it is always open to him

to workout his remedy in the manner known to law before the Civil Court.

13. Accordingly, the writ petition is dismissed. No costs.

18.07.2023 Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

https://www.mhc.tn.gov.in/judis W.P.No.20463 of 2023

To

1.The Commissioner, Hindu and Religious Charitable Endowments Department, Nungambakkam, Chennai-17.

2.The Executive Officer, Arulmighu Kailasanathur Thirukkoil, Office at Arulmighu Ellaiamman Temple, Veeraswamy Street, Periamet, Chennai-600 003.

https://www.mhc.tn.gov.in/judis W.P.No.20463 of 2023

S.SOUNTHAR, J.

dm

W.P.No.20463 of 2023

18.07.2023

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