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2014 DIGILAW 3308 (MAD)

Madurai Thennaga Vaniyar Sangam v. Commissioner Tamil Nadu Hindu Religious & Charitable

2014-09-12

K.RAVICHANDRA BAABU, N.PAUL VASANTHAKUMAR

body2014
Judgment : N. Paul Vasanthakumar, J. 1. Heard Mr. V.Ragavachari, learned counsel for the appellant, Mr. V.Srikanth, learned counsel for the 3rd respondent and Mr. M.L. Mahendran, learned counsel for respondents 1 and 2. 2. This Writ Appeal is filed against the order made in W.P.No.7989 of 2013 dated 04.04.2013. 3. It is seen from the records that a common order was passed in W.P.Nos.7989 and 7990 of 2013 on 04.11.2013 by a learned Single Judge, wherein in paragraph Nos.8 to 10, it is held thus:- "8. Therefore, the petitioner has to necessarily approach the competent authority by filing an appeal. Before approaching the competent authority, as per law, the petitioner is hereby directed to deposit 50% of the amount, namely, 50% of Rs.18,08,067/-being the fair rent arrears fixed on the basis of various G.O.s from 01.11.2001 to 30.06.2004 with periodical increase, to the third respondent herein within a period of four weeks from today. On such payment being received, the third respondent shall issue a copy of the order in which the fair rent of Rs.11,024/-has been fixed to the petitioner, to enable them to file an appeal against that order to the first respondent, Commissioner, H.R.&C.E. Department within a period of three weeks thereafter. The Commissioner in turn shall consider and dispose of the appeal filed within a period of four weeks thereafter on merits and in accordance with law, after affording opportunity to the petitioner. 9. It is made clear that failure to make the payment as stipulated above would result in the H.R.& C.E. Department and the third respondent taking action to evict the petitioner without further reference to this Court. 10. The Commissioner/H.R.& C.E. Department while dealing with the appeal of the petitioner shall decide the same on its own merits, without being influenced by any of the observations made herein". The Commissioner/H.R. & C.E. Admn. Department had passed an order, as directed by the learned Single Judge on 16.08.2103, with regard to receiving fair rent and issued some other directions with regard to possession. As against the said order, the appellants have already filed a writ petition before this Court in W.P.No.8903 of 2014 and the same is pending. The Commissioner/H.R. & C.E. Admn. Department had passed an order, as directed by the learned Single Judge on 16.08.2103, with regard to receiving fair rent and issued some other directions with regard to possession. As against the said order, the appellants have already filed a writ petition before this Court in W.P.No.8903 of 2014 and the same is pending. If the appellants are having any grievance regarding taking of possession or continuance of tenancy or any other relief, it is open to the appellants to approach the learned single Judge for getting appropriate direction in the pending writ petition. The Writ Appeal is disposed of with the above liberty. No costs. Connected miscellaneous petition is closed.