The Madras High Court held the writ petition challenging the rent-fixing proceedings to be infructuous. The court disposed of the main petition and attached miscellaneous petitions as closed with no order as to costs. This was a one-line recording of submissions regarding federal infructuousness.
Disposed of as closed having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.[MD]No.10924 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.10924 of 2015 and M.P.[MD]Nos.1 to 3 of 2015
KSN Hariharan ... Petitioner Vs. 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Executive Officer, Joint Commissioner, Arul Mighu Dandayathapani Swami Temple, Palani, Dindigul District. ... Respondents
P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the first respondent in Sa.Mu.Na.Ka.No.19881/2015 M2 dated 20.05.2015 and the impugned notification, issued by the second respondent in his proceedings in Na.Ka.No.888/15/C3 dated 18.06.2015 and quash the same as illegal and consequently direct the respondents to fix the rent as per Section 34-A(1) and (2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 and permit the petitioner to continue as a tenant for further period of three years.
For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondent No.1 : Mr.N.Lingadurai Special Government Pleader For Respondent No.2 : Mr.K.Govindarajan
O R D E R
Mr.M.Mahaboob Athiff, learned Counsel of M/s.Ajmal Associates [Law Firm] on behalf of the lone writ petitioner, Mr.M.Lingadurai, learned Special Government Pleader on behalf of the first respondent and Mr.K.Govindarajan, learned private Counsel on behalf of the second respondent [Executive Officer of the temple ie., Executive Officer in the cadre of Joint Commissioner] are before me.
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W.P.[MD]No.10924 of 2015
2. Learned Counsel for writ petitioner submits that the captioned writ petition has become infructuous. This submission is recorded.
3. Recording the submission and stated position of learned Counsel for writ petitioner in captioned writ petition is disposed of as closed having become infructuous. Consequently, captioned Writ Miscellaneous Petitions are closed. There shall be no order as to costs.
Sd/-
Assistant Registrar (Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
MR
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Executive Officer, Joint Commissioner, Arul Mighu Dandayathapani Swami Temple, Palani, Dindigul District.
+1 CC to M/s.SPL GP ( SR-34748[F] dated 17/11/2021 )
W.P.[MD]No.10924 of 2015 16.11.2021
RD(29.11.2021) 2P 4C
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2 issues framed by the court
Whether the writ petition is maintainable to fix rent and quash the impugned proceedings.
Whether the writ petition has become infructuous.
1 provisions across 1 enactments
KSN Hariharan
Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Board
Executive Officer, Joint Commissioner, Arul Mighu Dandayathapani Swami Temple
M Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
