THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.09.2024 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.34669 of 2019 and WMP.Nos.35427 & 35428 of 2019

1. V.Nandakumari

2. V.Kalaivani

3. V.Dhanasekar

4. V.Baskar 5. V.Pramila ...Petitioners Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Hindu Religious and Charitable Endowment Department, St. Fort George, Chennai-9.

2. The Commissioner, HR & CE Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-34. 3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai-34.

4. The Executive Officer, Egambaraeeswarar Temple, Aminjikarai, Chennai-29. ...Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in RC No.14744/2013/A2 passed by the 3^rd respondent dated 04.03.2016 and quash the same, consequently forbear the respondents from in any manner interfering with the possession of the petitioners in the property at Old No.232/1, P.H.Road, Aminjikarai, Chennai.

For Petitioners : Mr.S.Prabakaran, Senior Counsel for Mr.S.Concious Elango For Respondents : Mr.NRR.Arun Natarajan, Spl.GP, for R1-3 : Mr.S.D.Ramalingam, for R4

O R D E R

This Writ petition has been filed seeking quashment of the impugned order in RC No.14744/2013/A2 passed by the 3^rd respondent dated 04.03.2016 and to consequently forbear the respondents from in any manner interfering with the possession of the petitioners in the property at Old No.232/1, P.H.Road, Aminjikarai, Chennai.

2. The case of the petitioners is that, the petitioners are in possession of the property comprised in S.No.70/5, situated at Old No.232/1, P.H.Road, Aminjikarai, Chennai along with several other persons. Since, the Government passed an order in favour of the temple, vide G.O.Ms.No.679 of 1958 (Revenue) dated 20.02.1958, G.O.Ms.No.349 (Revenue) dated 13.08.1966 and G.O.Ms.No.3493 Revenue Department dated 13.12.1963, deciding to assign the subject land in favour of the temple, challenging the same, Writ petitions in W.P.Nos.295 to 299 of 1964 came to be filed before this Court and this Court, vide order dated 11.04.1967, allowed the said petitions, aggrieved by which, the temple filed Writ appeals in W.A.Nos.155 to 159 of 1967 and the Hon'ble Division Bench of this Court, vide order dated 17.01.1973 fixed the monthly rent at Rs.2/- per ground. Subsequently, for non payment of rent, the respondents issued an enquiry notice dated 04.03.2016 under Section 78(2) of the HR & CE Act in the name of dead persons. Challenging the same, the petitioners have come up with this Writ petition.

3. Though very many grounds have been raised, the learned Senior counsel for the petitioners fairly submitted that to show their bona fide the petitioners are ready to pay the fair amount that may be fixed by this Court.

4. Per contra, the learned counsel appearing for the respective respondents submitted that, though notice was issued against the dead persons, however, one Vasudevan died recently and at the time of issuance of notice, the said Vasudevan was very much alive and arrears of rent comes to around Rs.1,59,86,541/-. Further, on behalf of the petitioners' predecessors, one Dhanasekaran appeared before the authority, pursuant to which, the impugned notice came to be passed. However, till date, the arrears of rent was not paid to the temple. Accordingly, he prayed for appropriate orders.

5. Heard learned counsel on either side and perused the materials available on record.

6. Admittedly, the impugned notice was issued as against the dead persons. Though it is alleged that one Vasudevan was alive at the time of issuance of the impugned notice, however, it is stated that the said Vasudevan also died recently and no notice can be maintained as against the dead person and on the sole ground, this Court is inclined to set aside the impugned order.

7. However, at the sam