S.Mohan vs The Secretary To The Government Of ...
2023 Latest Caselaw 5065 Mad

                                                                          Writ Appeal No.1108 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              Dated: 17.05.2023

                                                   CORAM

                            THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
                                              AND
                             THE HONOURABLE MR. JUSTICE SENTHILKUMAR
                                         RAMAMOORTHY

                                         Writ Appeal No.1108 of 2023
                                     and CMP.Nos.11192 & 11193 of 2023

                     1.S.Mohan
                     2. Padmavathy                                   ... Appellants

                                                        Vs
                     1. The Secretary to the Government of Tamil Nadu,
                        Hindu Religious and Charitable Endowments,
                        Fort St.George, Chennai – 600 009.

                     2. The Commissioner,
                        Hindu Religious and Charitable Endowments,
                        No.119, Uthamar Gandhi Salai,
                        Nungambakkam, Chennai – 600 034.

                     3. The Joint Commissioner,
                        Hindu Religious and Charitable Endowments,
                        No.119, Uthamar Gandhi Salai,
                        Nungambakkam, Chennai – 600 034.

                     4. The Assistant Commissioner,
                        Hindu Religious and Charitable Endowments,
                        Padi, Chennai – 600 050.

                     5. The Executive Officer,
                        Thiru Karneeswarar Koil,
                        Chennai – 600 015.                               ... Respondents
https://www.mhc.tn.gov.in/judis
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                                                                                 Writ Appeal No.1108 of 2023


                     PRAYER: Writ Appeal filed under Clause 15 of Letters Pattern to allow
                     the writ appeal against the order dated 14.03.2023 passed by this Court
                     in W.P.No.7809 of 2023.

                                        For Appellants  : Mr.L.Dhamodharan
                                        For Respondents : Mr.N.R.R.Arun Natarajan
                                                          Special Government Pleader

                                                         JUDGMENT

(Judgement of the Court was made by Mr.C.V.KARTHIKEYAN.,J.)

The writ petition in W.P.No.7809 of 2023 has been filed seeking

disposal of an appeal dated 19.02.2018 filed by the writ petitioners. The

said appeal had been filed questioning an order dated 15.12.2017 passed

in R.P.No.290 of 2017 by the second respondent, the Commissioner,

Hindu Religious and Charitable Endowments, Chennai.

2. Final orders were passed in the writ petition on 14.03.2023. The

learned single Judge had directed that the petitioners' appeal should be

disposed of within a period of eight(8) weeks, but had placed a caveat

that the writ petitioners should pay the arrears of rent. The arrears of rent

has been quantified by the learned single Judge. Questioning that

particular order, the present writ appeal has been filed.

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3. The petitioners cannot claim indulgence both ways by seeking

disposal of the appeal pending before the Commissioner and also seeking

protection from claim towards arrears of rent.

4. The learned single Judge had issued a direction to dispose of the

appeal within a period of eight(8) weeks from the date of receipt of a

copy of the order. The learned single Judge was within his right to direct

the appellants to pay the arrears of rent. We find no infirmity in issuance

of such direction as the petitioners cannot hold on to the property without

even paying the rent, much less arrears of rent.

5. They are obliged to pay the rent. All other issues can be raised in

the appeal pending before the Commissioner and we would therefore

refrain ourselves from entering into any further discussion on the merits.

6. The order and directions of the learned single Judge are upheld.

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With the above observations, the writ appeal is dismissed.

Connected miscellaneous petitions are closed. No order as to costs.

                                                               (C.V.K.,J.)           (S.K.R., J.)
                                                                             17.05.2023


                     mp/vsg

                     Index: Yes/No

Speaking Order/Non Speaking Order Neutral Citation:Yes/No

To

1. The Secretary to the Government of Tamil Nadu, Hindu Religious and Charitable Endowments, Fort St.George, Chennai – 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Padi, Chennai – 600 050.

5. The Executive Officer, Thiru Karneeswarar Koil, Chennai – 600 015.

https://www.mhc.tn.gov.in/judis Page No.4/5 Writ Appeal No.1108 of 2023

C.V.KARTHIKEYAN., J.

and SENTHILKUMAR RAMAMOORTHY.,J.

mp/vsg

Writ Appeal No.1108 of 2023

17.05.2023

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