Disposed

Badhusha v. the Secretary to Govt.

Madras HC6 Oct 2023WP(MD)/4118/2020

Case brief

AI extract

What is this about?

The Madurai High Court disposed of a writ petition challenging an eviction notice served on a temple shop sub-lessee. Since the petitioner was subsequently evicted and liable to pay arrears, the court directed the temple authorities to collect the outstanding rent.

What did the court decide?

Direction to third respondent temple authorities to collect arrears of rent from the petitioner at the earliest.

Badhusha Vs the Secretary to Govt. — Pension and Retirement Benefits | Madras HC (2023)

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W.P(MD)No.4118 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.4118 of 2020 and WMP(MD) Nos.3481 & 3482 of 2020

Badhusha

... Petitioner

1.The Secretary to Government, Tourism Culture and Religious Endowments Dept, Fort St.George, Chennai.

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2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Chennai.

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3.The Joint Commissioner/Executive Officer, Arulmigu Meenkashi Sundareswarar Temple, Madurai.

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4.The Asst Commissioner,

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Tamil Nadu Hindu Religious and Charitable Endowment Dept, Madurai. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution

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of India, praying this Court to issue a Writ of Certiorari, calling for

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.4118 of 2020

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the records of the 4th respondent dated 20.02.2020 in proceedings in Na.Ka.No.3342/2018/B1-4 quash the same as the same is arbitrary, ultravires, contrary to Section 114 of HR & CE Act 22/1959 in colorable exercise of power.

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For Petitioner : R.G.Shankar Ganesh, For R1,R2 & R4 : Mr.P.Subburaj Special Government Pleader For R3 : Mr.V.R.Shanmuganathan

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O R D E R

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The petitioner is a sub-lessee under the third respondent/ Arulmigu Meenkashi Sundareswarar Temple, Madurai and occupied a shop in Shop No.179, East Masi Street, Madurai. For non-payment of lease amount, a notice was issued to the petitioner, directing him to vacate and hand over the possession of the property to the temple on or before 26.02.2020. Challenging the same, the petitioner has filed this writ petition.

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2.The learned counsel appearing for the petitioner

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submits that the petitioner was evicted from the premises and as on

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.4118 of 2020

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date he is not in occupation and therefore, nothing survives in this writ petition.

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3.The learned counsel for the third respondent Temple

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submits that though the petitioner was evicted from the shop, he is still liable to pay the arrears of rent to the temple and in view of the pendency of this writ petition, the temple authorities are not in a position to collect the rent from this petitioner.

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4.This Court considered the rival submissions made.

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5.The petitioner, who was a sub-lessee under the third

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respondent Temple has filed this writ petition in the year 2020 challenging the impugned notice, directing him to vacate the shop leased out to him within a stipulated time. As a subsequent development, now the petitioner was evicted from the shop and he has to pay the arrears of rent for the period, for which he occupied the shop.

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W.P(MD)No.4118 of 2020

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6.In view of the above, this writ petition is disposed of

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with a direction to the third respondent temple authorities to collect the arrears of rent from the petitioner at the earliest. No costs. Consequently, connected Miscellaneous Petitions are closed.

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06.10.2023

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NCC: Yes/No Index:Yes/No Internet:Yes vrn

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W.P(MD)No.4118 of 2020

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1.The Secretary to Government, Tourism Culture and Religious Endowments Dept, Fort St.George, Chennai.

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2.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Chennai.

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3.The Joint Commissioner/Executive Officer, Arulmigu Meenkashi Sundareswarar Temple, Madurai.

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4.The Asst Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Dept, Madurai.

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W.P(MD)No.4118 of 2020

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B.PUGALENDHI, J.

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vrn

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Order made in W.P(MD)No.4118 of 2020 and WMP(MD) Nos.3481 & 3482 of 2020

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06.10.2023

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Badhusha v. the Secretary to Govt.

Case brief

What is this about?

What did the court decide?

Badhusha v. the Secretary to Govt.

Case brief

What is this about?

What did the court decide?

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