Madras High Court
Marishwaran vs The State on 2 August, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2267 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.A.Nos.2267, 2313, 2268, 2292, 2283 and 2271 of 2024
W.A.No.2267 of 2024:
Marishwaran .. Appellant
Versus
1. The State
Rep. by its Additional Chief Secretary to Government
Tourism, Culture and Religious Endowments Dept,
Govt. of Tamil Nadu, Fort St. George,
Secretariat, Chennai – 600 009.
2. The Commissioner
Hindu Religious and Charitable Endowments Dept
Mahatma Gandhi Road,
Nungambakkam,
Chennai – 600 034.
3. The Joint Commissioner
Hindu Religious and Charitable Endowments Dept
Madurai - 625 001.
4. The Assistant Commissioner
Hindu Religious and Charitable Endowments Dept
Madurai - 625 001.
5. The Assistant Commissioner/Executive Officer
Arulmighu Koodal Alagar Temple,
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W.A.No.2267 of 2024
Madurai - 625 001. .. Respondents
Prayer in W.A.No.2267 of 2024: Appeal under Clause 15 of the Letters
Patent against the order dated 1.7.2024 passed by the learned Single
Judge in W.M.P.No.19703 of 2024 in W.P.No.17966 of 2024.
and batch cases.
For the Appellants in all : Mr.AR.L.Sundaresan
the writ appeals Senior Counsel
for M/s.L.Palannimuthu
For the Respondents in : Mr.J.Ravindran
all the writ appeals Additional Advocate General
assisted by
Mr.N.R.R.Arun Natarajan
Special Government Pleader
COMMON JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
The appellants in these writ appeals are the licensees in
respect of the shops put up in the land which was let out to them by
Arulmigu Koodal Alagar Temple. The third respondent directed
eviction of the appellants. The statutory appeal and revision filed
by the appellants were dismissed by the respondent authorities.
Assailing the same, the appellants filed writ petitions.
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2. The learned Single Judge, vide the order dated 1.7.2024
which is impugned in these appeals, recorded the undertaking given
by learned counsel for the appellants that the appellants would
vacate the premises on or before 16.7.2024. The shop keepers
were directed to file an affidavit of undertaking to that effect. It
was further held that if the appellants do not vacate the premises
on or before 16.7.2024, then, on 18.7.2024, the officials may
proceed with the demolition of the structure of the shops
surrounding the Theppakulam. Assailing the said order, the present
appeals are filed.
3. Heard learned Senior Counsel appearing on behalf of the
appellants and learned Additional Advocate General appearing on
behalf of the respondents.
4. Today, affidavits of undertaking have been filed by the
appellants praying for one year time to vacate the premises in
question and deliver vacant possession of the land to the
respondent authorities.
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5. Learned Additional Advocate General strongly objected to
the time period sought by the appellants and submitted that before
the learned Single Judge the appellants had given an undertaking to
vacate and handover the possession by 16.7.2024 and, therefore, it
is not fair on their part to seek a further period of one year to
vacate the premises.
6. After a studied scrutiny of the overall conspectus of the
matter, more particularly on considering the fact that the appellants
are licensees under the fifth respondent temple for several years,
and in the light of the affidavits of undertaking filed by the
appellants, we issue the following directions:
i. The appellants are granted time till 31.3.2025 to
vacate the premises and handover the possession of
the land to the respondents;
ii. The said latitude is granted on the basis of the
specific undertaking given by the appellants that no
application shall be filed by the appellants seeking
grant of further time to vacate the premises;
iii. If the appellants do not vacate and handover the
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premises on or before 31.3.2025, the respondents
can proceed further and take possession of the
premises, without any further notice; and
iv. The appellants are directed to pay the license fee
for the period from August, 2024 to December,
2024, within a period of two weeks from the date of
receipt of a copy of this order. The license fee for
the period from January, 2025 to March, 2025 shall
be paid on or before 15.1.2025. In case of default,
the respondents are at liberty to take further action
for evicting the appellants without any further
notice.
These writ appeals are disposed of with the aforesaid
directions. There shall be no order as to costs. Consequently,
C.M.P.Nos.16267, 16268, 16035, 15999, 16034, 16103, 16002,
16025, 16026, 16104, 16079 and 16080 of 2024 are closed.
(D.K.K., ACJ.) (K.B., J.)
02.08.2024
Index : No
NC : No
sasi
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To:
1. The Additional Chief Secretary to Government
Tourism, Culture and Religious Endowments Dept,
Govt. of Tamil Nadu, Fort St. George,
Secretariat, Chennai – 600 009.
2. The Commissioner
Hindu Religious and Charitable Endowments Dept
Mahatma Gandhi Road,
Nungambakkam,
Chennai – 600 034.
3. The Joint Commissioner
Hindu Religious and Charitable Endowments Dept
Madurai - 625 001.
4. The Assistant Commissioner
Hindu Religious and Charitable Endowments Dept
Madurai - 625 001.
5. The Assistant Commissioner/Executive Officer
Arulmighu Koodal Alagar Temple,
Madurai - 625 001.
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https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
AND
K.KUMARESH BABU,J.
(sasi)
W.A.Nos.2267, 2313, 2268, 2292, 2283 and 2271 of 2024
02.08.2024
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