Madras High Court
V.Rathinam vs The Commissioner on 16 June, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
WP.Nos.1715, 1737 & 1712 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.A.Nos.1715, 1737 & 1712 of 2025
and
C.M.P.Nos.12991, 13004 & 13182 of 2025
V.Rathinam ...Appellant in all the Appeals.
Vs.
1. The Commissioner,
Hindu Religious Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 34.
2. The Joint Commissioner,
Hindu Religious Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 34.
3. The Assistant Commissioner,
Hindu Religious Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 34.
4. The Executive Officer,
Arulmigu Pidari Uthanatchiamman
Mangaleswarar and Bala Vinayagar Temple,
Arumbakkam, Chennai - 106. ... Respondents in all the W.As.
Prayer: Writ Appeals filed under Clause 15 of the Letters Patent as
against the order dated 19.10.2024 made in W.M.P.Nos.33216 of 2024 in
Page 1 of 4
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WP.Nos.1715, 1737 & 1712 of 2025
W.P.No.24596 of 2018, W.M.P.Nos.33207 of 2024 in W.P.No.24599 of
2018 and W.M.P.Nos.33202 of 2024 in W.P.No.24600 of 2018
For Appellant : Mr.P.Gunaraj
For Respondents : Mr.Arun Natarajan,Spl.G.P.
COMMON JUDGMENT
(The Judgment of the Court was delivered by J.Nisha Banu,J.)
These writ appeals have been filed as against the orders dated
19.10.2024 passed in W.M.P.Nos.33216 of 2024 in W.P.No.24596 of
2018, W.M.P.Nos.33207 of 2024 in W.P.No.24599 of 2018 and
W.M.P.Nos.33202 of 2024 in W.P.No.24600 of 2018.
2. The appellant was inducted as a tenant in respect of the vacant
property owned by the 4th respondent and permitted the appellant to
construct buildings and erect superstructure for commercial purposes. The
appellant also constructed superstructure and continued to pay the rent to
the 4th respondent without any default. Subsequently, fair rent was fixed
by the respondents. According to the appellant, the respondents have fixed
exorbitant rent without following the guidelines and G.Os. The appellant
did not pay the rent properly. Hence, the 2nd respondent/ Joint
Commissioner HR& CE passed the eviction order and the said order was
also confirmed by the 1st respondent/Commissioner HR& CE. Against the
same, the appellant filed the writ petitions. In the said writ petitions, this
Court, by way of an interim order, directed the appellant to pay the dues in
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WP.Nos.1715, 1737 & 1712 of 2025
instalments. Since the appellant did not comply with the conditional order
passed by this Court, the writ Court dismissed the writ petitions and
directed the respondents to take possession of the subject property.
3. Today, learned Special Government Pleader appearing for the
respondents would state that since the conditional order passed by this
Court has not been complied with, the Writ Petitions were dismissed and
after the dismissal of the writ petitions, as directed by this Court,
possession of the subject properties has also been taken by the
respondents on 19.10.2024.
4. Since the conditional order passed by this Court in the writ
petitions has not been complied with and subsequently, after the dismissal
of the writ petitions, the respondents have also taken possession of the
subject properties, we are not inclined to entertain the writ appeals.
Therefore, the Writ Appeals stand dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
[J.N.B.,J.] [M.J.R.,J.]
16.06.2025
vsi
Speaking order/Non-speaking order
Neutral Citation:Yes/No
J.NISHA BANU,J.
AND
M.JOTHIRAMAN,J.
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WP.Nos.1715, 1737 & 1712 of 2025
vsi
To
1. The Commissioner,
Hindu Religious Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 34.
2. The Joint Commissioner,
Hindu Religious Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 34.
3. The Assistant Commissioner,
Hindu Religious Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 34.
4. The Executive Officer,
Arulmigu Pidari Uthanatchiamman
Mangaleswarar and Bala Vinayagar Temple,
Arumbakkam, Chennai - 106.
W.A.Nos.1715, 1737 & 1712 of 2025
16.06.2025
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