Madras High Court
C.Selvakumar vs The Commissioner on 1 September, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
and
W.M.P.Nos.21870, 21872, 21873, 21874, 21876, 21880, 21886, 21887,
21890, 21892, 21893, 21894, 21895, 21897 & 21899 of 2022
W.P.No.22848 of 2022
C.Selvakumar ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paadi, Chennai - 600 050.
1/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
4.The Executive Officer,
Thiru Karaneeswarar Koil,
Chennai - 600 015.
5.S.Mohan ... Respondents
W.P.No.22850 of 2022
G.Radhakrishnan ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paadi, Chennai - 600 050.
4.The Executive Officer,
Thiru Karaneeswarar Koil,
Chennai - 600 015.
5.S.Mohan ... Respondents
2/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
W.P.No.22856 of 2022
M.Ashok Kumar ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paadi, Chennai - 600 050.
4.The Executive Officer,
Thiru Karaneeswarar Koil,
Chennai - 600 015.
5.D.Padmavathy ... Respondents
W.P.No.22863 of 2022
V.Sureshkumar ... Petitioner
Vs.
3/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paadi, Chennai - 600 050.
4.The Executive Officer,
Thiru Karaneeswarar Koil,
Chennai - 600 015.
5.D.Padmavathy ... Respondents
W.P.No.22870 of 2022
M.Ayyappan ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
4/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Paadi, Chennai - 600 050.
4.The Executive Officer,
Thiru Karaneeswarar Koil,
Chennai - 600 015.
5.D.Padmavathy ... Respondents
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorarified Mandamus, to call for
the impugned order dated 03.08.2022 on the file of the third respondent and
quash the same and consequently direct the first to fourth respondents to
unseal and open the lock of the shop in the property, for which the petitioners
sent representation to the respondents on 05.08.2022.
For Petitioners : Ms.H.Lucia Priya Darshini
(In all W.Ps) for Mr.J.William Shakesphere
For Respondents :
(In all W.Ps)
For R1 to R4 : Mr.N.R.R.Arun Natarajan
Special Government Pleader
COMMON ORDER
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader takes notice on behalf of the first to fourth respondents. 5/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
2. After hearing both sides, these writ petitions are being disposed of at the time of admission, after dispensing with the requirement of notice and counter on the private respondents, as no adverse orders are proposed to be passed against the private respondents at this stage in these writ petitions.
3. These writ petitions have been filed for the following relief:-
“to call for the impugned order dated 03.08.2022 on the file of the third respondent and quash the same and consequently direct the first to fourth respondents to unseal and open the lock of the shop in the property, for which the petitioners sent representation to the respondents on 05.08.2022.”
4. The specific case of the petitioners is that, unaware of the fact that the land belongs to the fourth respondent Temple, the petitioners herein had leased out the land in Plot No.52 situated at Block No.4, S.No.82, Kodambakkam Road, Saidapet, Chennai - 15, from the father of the fifth respondent Late Selvaraj and that recently the petitioners became aware of the same when the impugned order dated 03.08.2022 of the third respondent was issued after sealing the shops put up by the petitioners. 6/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
5. The further case of the petitioners is that they have been paying the rent and have also paid lease advance either to the fifth respondent earlier to his father Late Selvaraj that they have been paying the rent regularly. It is submitted that they have been put up immense hardship as they are dependants of the income from the shops like stationery, cycle shop, pharmacy, lassi shop, grocery shop etc.
6. These writ petitions are stoutly opposed by the learned Special Government Pleader for the first to fourth respondents on the ground that proceedings under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the TNHR&CE Act) came to be initiated against the fifth respondent along with other legal representatives of his father who who were impleaded and thus orders came to be passed by the second respondent on 24.03.2017 bearing Ref.Na.Ka.Nos.854 & 855/2009/A2.
7/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
7. It is submitted that Late Selvaraj and his family i.e., the family of the fifth respondent are in arrears of rent amounting to Rs.23,43,347/- in respect of Plot No.52 situated at Kodambakkam Road, Saidapet, Chennai - 15, measuring an extent of 2262 sq.ft., and a sum of Rs.23,43,603/- in respect of Plot No.54, Block No.4, S.No.82, Kodambakkam Road, Saidapet, Chennai - 15, measuring an extent of 2262 sq.ft from 2001 up to date.
8. It is further submitted that against the order dated 24.03.2017 passed by the second respondent under Section 78 of the TNHR&CE Act, the fifth respondent along with other legal representatives of Late Selvaraj had also filed a revision petition in R.P.No.290 of 2017 D2 before the first respondent under Section 21 of the TNHR&CE Act, and that the first respondent by an order 15.12.2017 dismissed the revision petition in R.P.No.290 of 2017 D2, filed by the fifth respondent.
9. It is in furtherance of the aforesaid order, the shops which are under the control of the fifth respondent and other legal representative of Late 8/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022 Selvaraj, which were subleased to the petitioners, were sealed by the official respondents. It is further submitted that the petitioners are the members of the Saidai Karani Thottam Veettu Urimaiyalargal Pothunala Sangam and have filed O.S.No.5480 of 2016 before the V Assistant City Civil Court, Chennai. It is further submitted that the petitioners have not obtained any interim relief from the aforesaid Court. It is open for the petitioners to workout a collateral remedy by filing these writ petitions and therefore these writ petitions are liable to be dismissed. Alternatively, it is submitted that the shops be desealed subject to the petitioner being put to terms to pay the rent due for the shops and agreeing to pay the fair rent that is to be fixed for the shops under their custody.
10. By way of rejoinder, the learned counsel for the petitioners submits that the petitioners have not signed to the plaint in O.S.No.5480 of 2016. In any event, it is submitted that the petitioners will withdraw their instructions in the aforesaid suit and will not dispute the title of the land of the fourth respondent Temple.
9/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
11. I have considered the arguments advanced by the learned counsel for the petitioners and the learned Special Government Pleader for the first to fourth respondents. I have also considered the orders passed by the second respondent under Section 78 of the Act on 24.03.2017 bearing Ref.Na.Ka.Nos.854 & 855/2009/A2 and the appeal filed by the fifth respondent herein.
12. The petitioners are holding a small extent of land which was leased out to the deceased Late Selvaraj during his life time. They are in possession of the land measuring an extent of 1220 of sq.ft out of total extent of 2262 sq.ft/2262 sq.ft in Plot No.52/Plot No.54 in Block No.4, S.No.82, Kodambakkam Road, Saidapet, Chennai - 15, as detailed below:-
W.P.No. Name of the Petitioner Extent
(Sq.ft)
W.P.No.22848 of 2022 C.Selvakumar 200
W.P.No.22850 of 2022 G.Radhakrishnan 200
W.P.No.22856 of 2022 M.Ashok Kumar 400
W.P.No.22863 of 2022 V.Sureshkumar 200
W.P.No.22870 of 2022 M.Ayyappan 220
1220
10/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
13. The petitioners shops have been sealed by the official respondents on 03.08.2022. Considering the fact that the petitioners are dependants on the income from the shops, I am inclined to dispose of these Writ Petitions by directing the official respondents to deseal the shops immediately.
14. The petitioners are however directed to pay the amounts as detailed below to the fourth respondent which was said to have been paid to the fifth respondent within a period of fifteen days from the date of receipt of a copy of this order.
W.P.No. Name of the Extent Nature of Rent and Joint Status
Petitioner the Advance Comis-
(Sq.ft)
Property paid to the sioner
fifth Proceedin
respondent gs
W.P.No. C.Selvakumar Stationary Rs.7,500 24/03/2017 Property
Shop sealed on
22848 of Rs.4,00,000
03.08.2022
2022 Lease-
200 01/07/2012
W.P.No. G.Radha PGS Rs.9,100 24/03/2017 Property
22850 of Cycle Sealed on
-krishnan Rs.3,00,000
2022 Shop 03.08.2022
Lease-
200 01/08/2022
W.P.No. M.Ashok 400 Pharmacy Rs.20,000 24/03/2017 Propety
11/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022 W.P.No. Name of the Extent Nature of Rent and Joint Status Petitioner the Advance Comis-
(Sq.ft)
Property paid to the sioner
fifth Proceedin
respondent gs
22856 of Kumar Rs.3,00,000 Sealed on
2022 03/08/2022
Lease-
12/01/2019
W.P.No. V.Suresh Lassi Rs.12,700 24/03/2017 Property
Shop Sealed on
22863 of -kumar Rs,1,90,000
03/08/2022
2022 200 Lease-2019
W.P.No. M.Ayyappan Grocery Rs.13,000 24/03/2017 Property
Shop sealed on
22870 of Rs.2,00,000
03/08/2022
2022 220 Lease-2007
The petitioners shall continue to pay the rent which was being paid either to the fifth respondent or to any other members of the family of Late Selvaraj.
15. The petitioners shall also file an appropriate applications for regularizing their possession by filing suitable applications for the same with the first respondent. This exercise shall be carried out by the petitioners within a period of fifteen days from the date of receipt of a copy of this order. 12/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022
16. On such applications being filed, the first respondent shall consider and dispose the same within a period of sixty days from the date of receipt of a copy of this order. Needless to state, before considering the request of holding possession, the petitioners as well as the fifth respondent shall also be heard.
17. These Writ Petitions stand disposed of in terms of the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
01.09.2022 Index : Yes/No Speaking/Non-Speaking Order arb 13/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022 To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Paadi, Chennai - 600 050.
4.The Executive Officer, Thiru Karaneeswarar Koil, Chennai - 600 015.
14/15 https://www.mhc.tn.gov.in/judis W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022 C.SARAVANAN, J.
arb W.P.Nos.22848, 22850, 22856, 22863 & 22870 of 2022 01.09.2022 15/15 https://www.mhc.tn.gov.in/judis