Madras High Court
M.Selvaraj vs Arulmigu Arunachaleswarar Thirukkoil on 28 February, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.Nos.12602 and 31046 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 11.03.2022
PRONOUNCING ORDERS ON : 14.03.2022
Coram:
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH
Writ Petition Nos.12602 and 31046 of 2019
and W.M.P.No.31152 of 2019
M.Selvaraj .. Petitioner in both the W.Ps
..Vs..
Arulmigu Arunachaleswarar Thirukkoil
Represented by its Assistant
Commissioner/Executive Officer
Arulmighu Arunachaleswarar Temple
Premises, Thiruvannamalai .. Respondent in both the W.Ps.
Prayer in W.P.No.12602/2019 : Writ Petition under Article 226 of the Constitution of
India seeking for the issuance of a Writ of Certiorari to call for the records in the
impugned notice in Na.Ka.No.601-11/2018/A5 dated 28.02.2019 issued by the
respondent and quash the same.
Prayer in W.P.No.31046/2019 : Writ Petition under Article 226 of the Constitution of
India seeking for the issuance of a Writ of Mandamus to direct the respondent to
consider the petitioner's representation dated 24.07.2018 and fix the fair rent as per the
G.O.(Ms) No.456 dated 09.11.2007.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.12602 and 31046 of 2019
For Petitioner : Mr.D.S.Ramesh
For Respondent : Mr.A.K.Sri Ram
for M/s.A.S.Kailasam Associates
ORDER
These writ petitions have been filed challenging the notice issued by the respondent temple to the petitioner directing the petitioner to pay the arrears of rent to the tune of Rs.23,06,360/- and for a direction to the respondent temple to consider the representation of the petitioner, wherein the petitioner has sought for fixation of fair rent as per G.O.Ms.No.456 dated 09.11.2007.
2. There is no requirement for this Court to go into the merits of the case in these writ petitions and consider the relief sought for by the petitioner since the Second Appeal filed by the petitioner in S.A.No.768 of 2015 challenging the termination of tenancy has already been dismissed and by virtue of the same, the petitioner will not be able to continue to enjoy the property beyond the period prescribed by this Court. In other words, the petitioner has already lost his status as a tenant in the subject property.
3. In view of the above, both these writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
14.03.2022 Index : Yes/No Internet : Yes/No KST https://www.mhc.tn.gov.in/judis 2 / 4 W.P.Nos.12602 and 31046 of 2019 To The Assistant Commissioner / Executive Officer Arulmigu Arunachaleswarar Thirukkoil Arulmighu Arunachaleswarar Temple Premises, Thiruvannamalai https://www.mhc.tn.gov.in/judis 3 / 4 W.P.Nos.12602 and 31046 of 2019 N.ANAND VENKATESH,J.
KST Pre-Delivery Judgment in W.P.Nos.12602 & 31046 / 2019 14.03.2022 https://www.mhc.tn.gov.in/judis 4 / 4