This order in a writ under Article 226 seeks direction to safeguard petitioner's possession of a temple property. Court dispos is order directs temple administration to collect fair rent from sympathetically considering long possession and readiness to pay.
Direction to temple administration to collect fair rent from the petitioner.
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.10897 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.10897 of 2023
Renganathan
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents to consider the representation dated 07.05.2022 and thereby to safeguard the petitioner's ownership and possession and peaceful living in the house property at Door No.19, Ondimuthu Maistry Street, Southveli Street, Madurai Town.
1/5
W.P(MD)No.10897 of 2023
| For | Petitioner | : Mr.N.S.Ponnaiah |
|---|---|---|
| For | R1 | : Mr.P.Subbaraj, |
| Special Government Pleader | ||
| For | R2 | : Mr.V.R.Shanmuganathan |
ORDER
This writ petition is filed for a Mandamus, directing the respondents to consider the petitioner's representation dated 07.05.2022 and thereby to safeguard the petitioner's ownership and peaceful possession of the house property at Door No.19, Ondimuthu Maistry Street, Southveli Street, Madurai Town.
the petitioner and therefore, this writ petition was dismissed for default, by order dated 05.06.2023. Thereafter, on the application filed by the petitioner for restoration, this writ petition was restored on 07.09.2023.
3.The learned senior counsel appearing for the petitioner
submits that the petitioner's father, who is aged about 90 years is residing in Door No.19, Ondimuthu Maistry Street, Southveli Street,
2/5
W.P(MD)No.10897 of 2023
Madurai for more than eight decades. The subject property belongs to the second respondent temple. The petitioner has now come forward to pay fair rent as proposed by the second respondent temple authorities. Therefore, the learned counsel requests to consider the case of the petitioner sympathetically.
4.The learned counsel appearing for the second respondent temple submits that the subject property is a temple property and the petitioner's father one Pandarinathan has already filed a writ petition in W.P.(MD)No.22727 of 2018, for a Mandamus, directing the respondents to consider the petitioner's representation dated 15.06.2010 and not to interfere with his possession. The writ petition was taken up along with four other similar writ petitions on the subject properties and the same were dismissed by a common order dated 17.09.2021 on the ground that the issue has already been decided by the Hon'ble Supreme Court in S.L.P.Nos.28957-28958 of 2018 dated 13.11.2018. Now, the petitioner seeks regularization of the property with fair rent.
3/5
W.P(MD)No.10897 of 2023
5.Considering the fact that the petitioner is permitted to reside in the temple property for a period of eight decades, even though it is a temple property. The petitioner is ready to pay the rent as proposed by the temple administration and considering the age of the petitioner's father, this writ petition is disposed of with a direction to the temple administration to collect the fair rent from the petitioner. No costs.
21.12.2023
NCC : Yes / No. Index : Yes / No. Internet : Yes. vrn
To
B.PUGALENDHI, J.
4/5
W.P(MD)No.10897 of 2023
vrn
W.P.(MD)No.10897 of 2023
21.12.2023
5/5
1 issue framed by the court
Whether the temple administration can be directed to collect fair rent from the petitioner who has possessed the temple property for over eight decades.
1 provisions across 1 enactments
Renganathan
The Commissioner, Hindu Religious and Charitable Endowment Government of Tamilnadu, Chennai
Sri Arulmighu Sundereswarar, Devasthanam through its Executive Officer, Madurai
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
