Allowed

Nagarajan .P v. the Joint Commissioner

Madras HC23 Feb 2022WP(MD)/3385/2022

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking to open a shop de-sealed by the respondents. The court disposed of the petition by directing the petitioner to pay pending rent arrears. Upon payment, the shop is to be de-sealed immediately, but notices for rent revision entered after July 1, 2019, must follow the HR&CE Act.

What did the court decide?

Directed the respondents to de-seal the shop immediately upon payment of arrears of rent by the petitioner. Noted that notices for rent re-fixation entered from 01.07.2019 must follow the HR&CE Act.

Nagarajan .P Vs the Joint Commissioner — Pension and Retirement Benefits | Madras HC (2022)

¶1

W.P(MD)No.3385 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 23.02.2022

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

W.P(MD).No.3385 of 2022 and W.M.P(MD).No.2965 of 2022

P.Nagarajan

... Petitioner

Vs.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

¶11

2.The Joint Commissioner/Executive Officer, Arulmigu Meenakashi Sundareswarar Temple, Madurai.

¶12

3.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai. ...Respondents

¶13

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2,3 to open/de-seal the shop bearing Door No.151-B, East Masi Street, Madurai sealed on 16.02.2022 in colorable exercise of power, arbitrary manner and pass order afresh in consonance with the order dated 30.01.2020 and 27.02.2020 made in W.P.(MD).No.3296 of 2018.

¶14

For Petitioner : Mr.R.G.Shankar Ganesh For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.V.R.Shanmuganathan

¶15

ORDER

¶16

After hearing the learned counsel for the petitioner and the learned counsel for the respondents, this writ petition is disposed of by directing the petitioner to pay the arrears of rent amounting to Rs.2,45,900/- for the period between 2016 and 2019 within a https://hcservices.ecourts.gov.in/hcservices/

¶17

1/2

¶18

W.P(MD)No.3385 of 2022

¶19

period of 15 days from the date of receipt of copy of this order. The respondents shall de-seal the shop immediately. As far as the arrears perusant to refixation made in the year 2019 with effect from 01.07.2019 is concerned, the respondents are directed to issue appropriate notice to the petitioner before entering the same in accordance with the provisions of the HR&CE Act, 1959.

¶20

It is made clear that the shops shall be de-saled immediately. If the petitioner fails to remit the aforesaid amount of Rs.2,45,900/- in arrears within a period of 15 days as specified above, the respondents are thereafter at liberty to proceed against the petitioner in accordance with law. No costs. Consequently, the connected Miscellaneous Petition is closed.

¶21

// True Copy //

¶22

/ /2022 Sub Assistant Registrar(CS)

¶23

¶24

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.

¶25

¶26

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

¶27

2.The Joint Commissioner/Executive Officer, Arulmigu Meenakashi Sundareswarar Temple, Madurai.

¶28

3.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

¶29

+1 CC to M/s.SPL GP ( SR-8383[F] dated 24/02/2022 )

¶30

W.P(MD).No.3385 of 2022 23.02.2022

¶31

smv(CO) TR(24.02.2022) 2P 5C

¶32

https://hcservices.ecourts.gov.in/hcservices/

¶33

2/2

Nagarajan .P v. the Joint Commissioner

Case brief

What is this about?

What did the court decide?

Nagarajan .P v. the Joint Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Mahalingam Vs the Commissioner

Mr.P.Muthukumar, Vs the Joint Commissioner

Peer Mohammed Vs the Commissioner

Elambarithi Vs the Commissioner

Muthukrishnan.M.R Vs the Commissioner

Baskar K Vs the District Collector