The petitioner sought removal of a lock and seal on a temple shop and fixation of fair rent. The court noted interim orders requiring rent payment which were not complied with by the petitioner. The petition was dismissed and possession ordered to be vacated.
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W.P.No.12605 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.12605 of 2024
A.B. Venkatesan ...Petitioner
Vs
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PRAYER:
W.P.No.12605 of 2024
PRAYER: This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the lock and seal put up by the 4th respondent on 21.01.2023 and allow the petitioner to run the commercial shop situated at No.2/2 Katpadi Road, Thottapalayam, Vellore-632 004 with a consequential direction to the respondents to fix a fair rent for the said commercial shop within a stipulated time and pass orders.
For Petitioner : Mrs. S. Sri Ranjiji For Respondents : Mr.N.R.R. Arun Natarajan Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking a direction to the respondents to remove the lock and seal put up by the 4th respondent on 2101.2023 and allow the petitioner to run the commercial shop situated at No.2/2 Katpadi Road, Thottapalayam, Vellore-632 004 with a consequential direction to the respondents to fix a fair rent for the said commercial shop.
2.The case of the petitioner is that the petitioner is running a commercial shop belonging to Arulmigu Thargeswarar Temple situated at Thotta palayam, Vellore – 632 004 for more than 20 years and there was
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W.P.No.12605 of 2024
no default on payment of rent by the petitioner. As the shop was closed for two years due to covid-19, the petitioner made a representation with regard to fixing of fair rent on 12.03.2022 and 26.07.2022 respectively. However, the same was not considered. While so, the petitioner paid an amount of Rs.25,000/- on 15.02.2022 and Rs.25,000/- on 05.03.2022 and Rs.50,000/- on 21.01.2023 towards arrears of rent. Inspite of the same the 4th respondent locked the shop on 21.01.2023 towards non-payment of arrears of rent and on 07.03.2023 the 4th respondent issued notice to the petitioner to pay an amount of Rs.4,93,900/- towards arrears of rent within 7 days from the date of receipt of the said notice other wise action will be taken under Section 78,79(b) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Thereafter, the respondent issued another notice to the petitioner on 30.09.2023 stating that the total rent arrears was Rs.5,44,993/-. When this being the case the petitioner has approached the respondents several times to remove the lock and seal put up in the shop by the 4th respondent. However, the same was not considered. Hence, this petition.
W.P.No.12605 of 2024
4.The learned Additional Government Pleader appearing for the respondents submitted a letter dated 10.05.2024 written by the Executive officer of the temple wherein, it is seen that on 21.01.2023 the shop was sealed and inspite of the assurance made by the petitioner that he will be make the payment without any default, the seal and lock was removed and the petitioner was permitted to run the shop. However, the petitioner has not come forward to clear his dues. Hence, prays to dismiss this petition.
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W.P.No.12605 of 2024
from the premises in question and handover the possession of the same to the respondent on or before 11.07.2024 without fail, failing which, the
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W.P.No.12605 of 2024
Respondent can evict the petitioner through the help of local police if necessary. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.
08.07.2024
Index:Yes/No Speaking order/Non-speaking order smn
To.
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W.P.No.12605 of 2024
V.BHAVANI SUBBAROYAN, J.
smn
W.P.No.12605 of 2024
08.07.2024
1 issue framed by the court
Whether the petitioner is entitled to direction for removal of lock and seal and fixation of fair rent for the commercial shop.
2 provisions across 2 enactments
A.B. Venkatesan
The Joint Commissioner HR&CE Department
The Assistant Commissioner, HR&CE Department
The Administrative Officer, Arulmigu Tharageswarar Temple
The Executive Officer, Office of the Executive Officer, Arulmigu Tharageswarar Temple
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
