Madras High Court
R.Subramanian vs The Commissioner Of Hr & Ce on 24 August, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.08.2018 CORAM THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.Nos.33166 and 30079 of 2017 and W.M.P.No.36570 and 32649 of 2017 W.P.No.33166/2017 R.Subramanian .. Petitioner Vs 1.The Commissioner of HR & CE, Nungambakkam High Road, Chennai 600 034. 2.The Joint Commissioner, HR & CE Administration Department, Chennai 600 034. 3.The Executive Officer, (Deputy Commissioner of HR & CE), Arulmighu Kapaleeswarar Devasthanam, Mylapore, Chennai 600 004. .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 and 2 to remove the seals put on the shop premises by the 3rd respondent in the building at Old No.43, New No.81, R.K.Mutt Road, Mylapore, Chennai 600 004. For Petitioner : Mr.K.N.Pandian For Respondents : Mr.M.Maharaja Special Government Pleader for HR & CE W.P.No.30079/2017 S.V.Senthilnathan .. Petitioner Vs 1.The Commissioner of HR & CE, Nungambakkam High Road, Chennai 600 034. 2.The Joint Commissioner, HR & CE Administration Department, Chennai 600 034. 3.The Assistant Commissioner, The Hindu Religious & Charitable Endowment Department, Nungambakkam, Chennai 600 034. 4.The Executive Officer, (Deputy Commissioner of HR & CE), Arulmighu Kapaleeswarar Devasthanam, Mylapore, Chennai 600 004. 5.P.Jayalakshmi .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 to 4 to open the sealed and locked book shop premises located in No.71, R.K.Mutt Road, Mylapore, Chennai 600 004 and allow the petitioner to remove all his properties, books stocked and displayed in the shop along with other items viz., book racks, computer, Air Conditioner, glass door, chairs, tables, accessories, papers and documents, etc., For Petitioner : Mr.J.Narayanaswamy For R1 to R4 : Mr.M.Maharaja Special Government Pleader for HR & CE For R5 : Mr.V.Venkatesan C O M M O N O R D E R
W.P.No.33166/2017 is filed seeking a direction to the respondents 1 and 2 to remove the seals put on the shop premises by the 3rd respondent in the building at Old No.43, New No.81, R.K.Mutt Road, Mylapore, Chennai 600 004.
W.P.No.30079/2017 is filed seeking a direction to the respondents 1 to 4 to open the sealed and locked book shop premises located in No.71, R.K.Mutt Road, Mylapore, Chennai 600 004 and allow the petitioner to remove all his properties, books stocked and displayed in the shop along with other items viz., book racks, computer, Air Conditioner, glass door, chairs, tables, accessories, papers and documents, etc.,
2.When these matters were taken up for hearing, the learned Special Government Pleader appearing for all the respondents in W.P.No.33166/2017 and respondents 1 to 4 in W.P.No.30079/2017 fairly submitted that the petitioner in both the Writ Petitions may be permitted to take away the goods in the shops in question and hand over the vacant possession.
3.Considering the facts and circumstances, of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the petitioners to take away the goods in the shops in question and hand over the vacant possession then and there on 27.08.2018.
4.Both these Writ Petitions stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.
24.08.2018 Index:Yes/No Internet:Yes gsa Note : Issue order copy by 27.08.2018 To
1.The Commissioner of HR & CE, Nungambakkam High Road, Chennai 600 034.
2.The Joint Commissioner, HR & CE Administration Department, Chennai 600 034.
3.The Assistant Commissioner, The Hindu Religious & Charitable Endowment Department, Nungambakkam, Chennai 600 034.
4.The Executive Officer, (Deputy Commissioner of HR & CE), Arulmighu Kapaleeswarar Devasthanam, Mylapore, Chennai 600 004.
R.MAHADEVAN,J.
gsa W.P.Nos.33166 and 30079 of 2017 and W.M.P.No.36570 and 32649 of 2017 24.08.2018