Dismissed¶73

The Executive Officer v. G.Iyyappan

Madras HC30 Jun 2025WA(MD)/1656/2025

Case brief

AI extract

What is this about?

Refund of temple shop lease amount after fire-accident eviction; equitable direction of Single Judge for refund covering 35 days upheld; writ appeals by HR&CE Executive Officer, Courtallam temple dismissed with no costs; Clause XV Letters Patent; Madurai Bench of Madras High Court; no interference in intra-court appeal.

What did the court decide?

None to the appellant; the learned Single Judge's direction for refund of the lease amount stands; connected miscellaneous petitions closed. ¶73

The Executive Officer Vs G.Iyyappan — Madras HC (2025) — LawSathi Research

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025 and C.M.P.(MD)Nos.9048, 9282 and 9285 of 2025

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W.A.(MD)No.1656 of 2025:-

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The Executive Officer, HR and CE, Sri Thiru Courtalla Natha

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Swami Thirukoil,

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No.1, Sannathi Street, Courtallam, Tenkasi - 627 802. ... Appellant

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Vs.

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1.G.Iyyappan

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2.The District Collector, Collectorate, Tenkasi - 627 811.

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3.The Joint Commissioner, The Hindu Religious and Chartiable Endowments Department,

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Kokkirakulam,

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Tirunelveli - 627 002.

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4.The Special Tahsildar [HR and CE], Tenkasi District.

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1/8

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

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025

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5.The Executive Engineer, Tamil Nadu Electricity Board, Tenkasi.

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6.The Deputy Superintendent of Police, Tenkasi.

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... Respondents

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30059 of 2023 dated 21.12.2023 on the file of this Court.

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For Appellant : Mr.S.Manohar For Respondents : Mr.P.Subburaj, Spl. Government Pleader for R3 & R4. Mr.A.Kannan, Addl. Government Pleader for R2. Mr.T.Senthil Kumar, Addl. Public Prosecutor for R6.

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W.A.(MD)No.1657 of 2025:-

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The Executive Officer, HR and CE, Sri Thiru Courtalla Natha Swami Thirukoil, No.1, Sannathi Street, Courtallam, Tenkasi - 627 802. ... Appellant

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Vs.

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1.Murugesan

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2.The District Collector, Collectorate, Tenkasi - 627 811.

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2/8

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

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025

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3.The Joint Commissioner, The Hindu Religious and Chartiable Endowments Department, Kokkirakulam, Tirunelveli - 627 002.

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4.The Special Tahsildar [HR and CE], Tenkasi District.

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5.The Executive Engineer, Tamil Nadu Electricity Board, Tenkasi.

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6.The Deputy Superintendent of Police, Tenkasi. ... Respondents

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30061 of 2023 dated 21.12.2023 on the file of this Court.

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For Appellant : Mr.S.Manohar For Respondents : Mr.P.Subburaj, Spl. Government Pleader for R3 & R4. Mr.A.Kannan, Addl. Government Pleader for R2. Mr.T.Senthil Kumar, Addl. Public Prosecutor for R6.

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W.A.(MD)No.1658 of 2025:-

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The Executive Officer, HR and CE, Sri Thiru Courtalla Natha Swami Thirukoil,

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3/8

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

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025

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No.1, Sannathi Street, Courtallam, Tenkasi - 627 802.

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... Appellant

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Vs.

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1.Kathirvel

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2.The District Collector, Collectorate, Tenkasi - 627 811.

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3.The Joint Commissioner,

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The Hindu Religious and Chartiable Endowments Department,

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Kokkirakulam,

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Tirunelveli - 627 002.

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4.The Special Tahsildar [HR and CE], Tenkasi District.

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5.The Executive Engineer, Tamil Nadu Electricity Board, Tenkasi.

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6.The Deputy Superintendent of Police, Tenkasi. ... Respondents

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.30060 of 2023 dated 21.12.2023 on the file of this Court.

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For Appellant : Mr.S.Manohar

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For Respondents : Mr.P.Subburaj, Spl. Government Pleader for R3 & R4.

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4/8

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

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025

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Mr.A.Kannan, Addl. Government Pleader for R2. Mr.T.Senthil Kumar, Addl. Public Prosecutor for R6.

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COMMON JUDGMENT (By G.R.SWAMINATHAN, J.)

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Heard the learned counsel for the appellant.

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2.The Executive Officer of Thiru Courtralla Natha Swami Temple

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is the appellant in all these writ appeals. The temple had leased out a number of shops in the vicinity of the temple. A fire accident took place. Therefore, the temple had to evict all the lessees. Some of the lessees filed writ petitions seeking priority in the matter subsequent allotment of lease. With the aforesaid prayer, they filed W.P.(MD)Nos.30059, 30060 and 30061 of 2023. The learned Single Judge did not grant the relief as sought for. However, vide order dated 21.12.2023, the learned Single Judge directed the temple management to return lease amount for the period for which the lessees could not run the shop. Aggrieved by this direction, these writ appeals have been filed.

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

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W.A.(MD)Nos.1656, 1657 and 1658 of 2025

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3.The lessees in question had not caused any damage to the interest

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or property of the temple. The temple also does not have any counter

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claim against lessees. For no fault of their own, they had been evicted from the shops. That is why, the learned Single Judge gave an equitable direction for refund of the lease amount covering 35 days. We do not want to interfere with such an equitable order. These writ appeals stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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(G.R.S. J.,) & (K.R.S. J.,) 30.06.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:-

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1.The District Collector, Collectorate, Tenkasi - 627 811.

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2.The Joint Commissioner, The Hindu Religious and Chartiable Endowments Department, Kokkirakulam, Tirunelveli - 627 002.

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