Madras High Court
V.Rathinam vs The Commissioner on 16 June, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
WP.No.1754 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.No.1754 of 2025
and
C.M.P.Nos.13427 of 2025
1. V.Rathinam
2. R.Pushparathi ...Appellants
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
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent as against
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WP.No.1754 of 2025
the order dated 19.10.2024 made in W.M.P.No.33223 of 2024 in
W.P.No.24595 of 2018.
For Appellants : Mr.P.Gunaraj
For Respondents : Mr.N.R.Arun Natarajan,Spl.G.P.
JUDGMENT
(The Judgment of the Court was delivered by J.Nisha Banu,J.)
This writ appeal has been filed as against the order dated
19.10.2024 passed in W.M.P.No.33223 of 2024 in W.P.No.24595 of
2018.
2. The appellants were inducted as tenants in respect of the
vacant property owned by the 4th respondent and permitted the appellants
to construct buildings and erect superstructure for commercial purposes.
The appellants 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 appellants, 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 appellants filed a writ petition. In the said writ petition, this
Court, by way of an interim order, directed the appellant to pay the dues in
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instalments. Since the appellants did not comply with the conditional order
passed by this Court, the writ Court dismissed the writ petition 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 Petition was dismissed and
after the dismissal of the writ petition, as directed by this Court,
possession of the subject property has also been taken by the respondents
on 19.10.2024.
4. Since the conditional order passed by this Court in the writ
petition has not been complied with and subsequently, after the dismissal
of the writ petition, the respondents have also taken possession of the
subject property, we are not inclined to entertain the writ appeal.
Therefore, the Writ Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is 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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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.
16.06.2025
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