A THIRUVARANGAN Vs. COMMISSIONER, HINDU RELIGIOUS CHARITABLE ENDOWMENTS

JUDGEMENT

(1.) The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to regularise the petitioner's occupation in Old Door No.18/4, New Door No.30/4, Arunachalapuram Main Road, Adyar, Chennai-20 as a tenant of Arulmigu Shree Arunachaleswarar Thirukovil, Thiruvannamalai Devasthanam, within a stipulated period fixed by this Court.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner's family has been living in Old Door No.18/4 and New Door No.30/4, Arunachalapuram Main Street, Adyar, Chennai-20 from 1940. The said property belongs to Arulmighu Shree Arunachaleswarar Thirukoil, Thiruvannamalai Devasthanam, Thiruvannamalai. The petitioner's father was provided with a Ration Card during 1945 and at that point of time, the Door Number of his property was also shown as 67, Arunachalapuram. Thereafter, his father constructed a house in the aforesaid address. After his death, Petitioner's mother and brothers including the petitioner are residing in the said house. Since then, they were making representations to recognize their occupation by granting lease as they were also prepared to pay the lease amount. In the said representation, they have also mentioned that they do not have any other house to live. But the representation of the petitioner's family to the 2nd respondent on 21.2002 requesting to grant lease in favour of them has not been considered. In the meanwhile, one Pandari Bai claiming to be the owner of the property which is in petitioner's occupation sent a notice to vacate the premises on the ground that the petitioner has not paid the rent amount and this apart, the said Pandari Bai filed a Civil Suit in O.S.No.13734/2010 on the file of the learned 6th Assistant Judge, City Civil Court, Chennai for eviction of her mother from the above said property. However, during the pendency of the said suit, the petitioner's mother expired and legal heirs were impleaded as parties.

(3.) The learned Counsel for the petitioner further submitted that the said suit was also dismissed on 6.8.2013 declaring clearly that the said property belongs to Arulmigu Shree Arunachaleswarar Thirukovil. Subsequently, the petitioner again preferred a representation dated 02.02.2011 to the 2nd respondent to grant lease of the above property and thereafter, preferred W.P.No.9064/2011 before this Court and this Court by order dated 11.4.2011 directed the 2nd respondent to consider and pass appropriate orders on the said representation within a period of 8 weeks. But till date, the 2nd respondent has not considered the request of the petitioner. Therefore, the petitioner has filed the present Writ Petition for Writ of Mandamus directing the respondents to regularise the petitioner's occupation in Old Door No.18/4, New Door No.30/4, Arunachalapuram Main Road, Adyar, Chennai-20 as tenant of Arulmigu Shree Arunachaleswarar Thirukovil, Thiruvannamalai Devasthanam.