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W.P.(MD) Nos.
11019 to 11021 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD) Nos.11019 to 11021 of 2024

and
W.M.P.(MD)Nos.9820, 9824 and 9821 of 2024
Subbulakshmi,
W/o.Late.Pounraj ... Petitioner in W.P.(MD)No.11019 / 2024
Dharmar,
S/o.Periya Mariyappan ... Petitioner in W.P.(MD)No.11020 / 2024
Subbulakshmi,
W/o.Seeni ... Petitioner in W.P.(MD)No. 11021 / 2024
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments,
Nungambakkam, Chennai.
2.The Joint Commissioner,

Madurai Division, Madurai District.
3.The Assistant Commissioner / Executive Officer,

Arulmighu Mariyamman Kovil,
Irukkangudi, Sattur Taluk,
Virudhunagar District. ... Respondents in all the W.Ps.
Prayer in all the W.Ps.: Writ Petitions filed under Article 226 of
Constitution of India for issuance of a Writ of Certiorari, calling for the
records relating with the impugned order of the third respondent in his
proceedings in Na.Ka.No.465/2008-4/A3/dated 24.04.2024 and quash the
same as illegal.
_____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 5
W.P.(MD) Nos.11019 to 11021 of 2024
For Petitioners in all the W.Ps.: Mr.Karmega Kannan

for Mr.S.Vellaichamy
For R1 and R2 in all the W.Ps.: Mr.P.T.Thiraviam

Government Advocate
For R3 in all the W.Ps. : Mr.VR.Shanmuganathan

Standing Counsel
COMMON ORDER
By this common order, all the three Writ Petitions have been
disposed of at the time of admission after hearing the learned counsel for
the petitioners, the learned Government Advocate for the respondents 1
and 2 and the learned Standing Counsel for the third respondent.
2. The petitioners are one among 177 lessees of the Temple.
Earlier, there were large scale encroachments of the land surrounding the
Temple premises by various hawkers. Earlier, an order came to be passed
by the learned Single Judge of this Court in W.P.(MD)No.1734 of 2017,
which came to be disposed of on 21.12.2017. A further appeal was
preferred by some of the encroachers as also by the regular lessees in
W.A.(MD)No.710 of 2018.
_____________
Page No. 2 of 5
W.P.(MD) Nos.11019 to 11021 of 2024
3. The petitioner in W.P.(MD)No.11021 of 2024 was the second
appellant in W.A.(MD)No.710 of 2018. By a judgment dated 14.09.2021,
certain directions were issued. Pursuant to which, the vendors, who were
encroaching the Temple premises were evicted and regular tenants were
given a temporary accommodation to the southern side of the Temple
premises, as the place was to be freshly constructed.
4. The learned Standing Counsel for the third respondent Temple
would submit that the new structure is under construction. It is submitted
that the petitioners have failed to pay the rents due to the Temple and they
have also been found encroaching on the eastern side of the Temple
premises and they have refused to vacate the premises, though they gave
an undertaking to the Temple on 03.03.2024 that they will vacate the
premises.
5. The learned counsel for the petitioners would submit that the
arrears of rent will be paid immediately and that the petitioners will vacate
the areas occupied by them other than the areas allotted to them on
temporary basis.
_____________
Page No. 3 of 5
W.P.(MD) Nos.11019 to 11021 of 2024
6. Recording the above submissions made by the learned counsel
for the petitioners, these Writ Petitions are closed, by directing the
Temple to accept the arrears to be paid by the petitioners for the months,
for which they have not paid the rent and subject to the petitioners
vacating the encroached area. No costs. Consequently, connected
Miscellaneous Petitions are closed.
7. It is made clear that the petitioners will participate in the auction
to be held pursuant to the directions of this Court in W.A.(MD)No.710 of
2018, dated 14.09.2021.
Index : Yes/ No
Neutral Citation: Yes / No 30.04.2024
smn2
To
1.The Commissioner,
Nungambakkam, Chennai.
2.The Joint Commissioner,

Madurai Division, Madurai District.
3.The Assistant Commissioner / Executive Officer,

Arulmighu Mariyamman Kovil,
Irukkangudi, Sattur Taluk,
Virudhunagar District.
_____________
Page No. 4 of 5
W.P.(MD) Nos.11019 to 11021 of 2024
C.SARAVANAN, J.
smn2
Common order in
W.P.(MD) Nos.11019 to 11021 of 2024
30.04.2024
_____________
Page No. 5 of 5

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W.P.(MD) Nos.

11019 to 11021 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

THE HON'BLE MR.JUSTICE C.SARAVANAN

W.P.(MD) Nos.11019 to 11021 of 2024

2.The Joint Commissioner,

3.The Assistant Commissioner / Executive Officer,

For Petitioners in all the W.Ps.: Mr.Karmega Kannan

For R1 and R2 in all the W.Ps.: Mr.P.T.Thiraviam

For R3 in all the W.Ps. : Mr.VR.Shanmuganathan

the petitioners, the learned Government Advocate for the respondents 1

2. The petitioners are one among 177 lessees of the Temple.

Temple premises by various hawkers. Earlier, an order came to be passed

by the learned Single Judge of this Court in W.P.(MD)No.1734 of 2017,

which came to be disposed of on 21.12.2017. A further appeal was

preferred by some of the encroachers as also by the regular lessees in

3. The petitioner in W.P.(MD)No.11021 of 2024 was the second

appellant in W.A.(MD)No.710 of 2018. By a judgment dated 14.09.2021,

given a temporary accommodation to the southern side of the Temple

premises, as the place was to be freshly constructed.

4. The learned Standing Counsel for the third respondent Temple

would submit that the new structure is under construction. It is submitted

an undertaking to the Temple on 03.03.2024 that they will vacate the

6. Recording the above submissions made by the learned counsel

vacating the encroached area. No costs. Consequently, connected

Miscellaneous Petitions are closed.

7. It is made clear that the petitioners will participate in the auction

to be held pursuant to the directions of this Court in W.A.(MD)No.710 of

2018, dated 14.09.2021.

2.The Joint Commissioner,

3.The Assistant Commissioner / Executive Officer,

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