Madras High Court
Karpagam vs The Commissioner on 26 February, 2025
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.430 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MRS JUSTICE S.SRIMATHY
W.A.(MD)No.430 of 2025
and
C.M.P.(MD)Nos.3297 and 3299 of 2025
Karpagam ...Appellant
-Vs-
1.The Commissioner,
HR & CE Department,
No.119, Uthamar Gandhi Road,
Nungambakkam,
Chennai-34.
2.The Joint Commissioner,
HR & CE Department,
Mayiladuthurai.
3.The Assistant Commissioner,
HR & CE Department,
Kumbakonam.
4.The Executive Officer,
Arulmigu Viswanatha Swamy Temple,
Kamatchipuram,
Thiruvidaimaruthur Taluk,
Thanjavur District.
1/5
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W.A.(MD)No.430 of 2025
5.The District Revenue Officer,
Thanjavur District,
Thanjavur. ...Respondents
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set
aside the order dated 29.11.2024 made in W.P.(MD)No.26552 of 2024 on the file
of this Court by allowing this writ appeal.
For Appellants : Mr.E.Mareeskumar
For R1 to R3 & R5 : Mr.J.Ashok
Additional Government Pleader
For R4 : Mr.V.Chandrasekar
Standing Counsel
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
This Writ Appeal is filed against the order of this Court dated
29.11.2024 made in W.P.(MD)No.26552 of 2024.
2.Mr.J.Ashok, learned Additional Government Pleader, takes notice for
the respondents 1 to 3 and 5 and Mr.V.Chandrasekar, learned Standing Counsel
for the fourth respondent.
3.By consent, this writ appeal is taken up for final disposal at the
admission itself.
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4.The appellant herein has filed the writ petition challenging the
eviction order passed by the HR & CE Department under Section 78 of the HR &
CE Act. The learned Single Judge after analyzing the factual matrix disposed of
the writ petition holding that that the writ petitioner has a statutory revision with
the Government. Accordingly, the writ petitioner was directed to file a revision
before the Government and to deposit 50% of the arrear amount before the
respondents. The writ petitioner was further directed to pay the monthly rent to
the respondents concerned.
5.The writ petitioner without availing the statutory revision before the
Government has filed this writ appeal challenging the order passed by the learned
Single Judge. We do not find any merit in this writ appeal. Accordingly, this
Writ Appeal is dismissed.
6.At this juncture, the learned counsel for the appellant submitted that
since there is a direction to pay 50% of the arrear amount within a period of four
weeks, extension of time shall be granted to the appellant to pay the said amount.
Considering the submission made by the learned counsel for the appellant, the
appellant is directed to pay 50% of the amount before the respondent within a
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period of four [4] weeks from the date of receipt of a copy of this order. No
costs. Consequently, connected miscellaneous petitions are closed.
(J.N.B.,J.) (S.S.Y.,J.)
26.02.2025
Index : Yes/No
Internet : Yes/No
ta
To
1.The Commissioner,
HR & CE Department,
No.119, Uthamar Gandhi Road,
Nungambakkam,
Chennai-34.
2.The Joint Commissioner,
HR & CE Department,
Mayiladuthurai.
3.The Assistant Commissioner,
HR & CE Department,
Kumbakonam.
4.The Executive Officer,
Arulmigu Viswanatha Swamy Temple,
Kamatchipuram,
Thiruvidaimaruthur Taluk,
Thanjavur District.
5.The District Revenue Officer,
Thanjavur District,
Thanjavur.
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J. NISHA BANU,J.
and
S.SRIMATHY.J
ta
26.02.2025
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