A. THIRUVARANGAN Vs. COMMISSIONER

JUDGEMENT

(1.) This Writ Appeal has been filed challenging the order of this Court dated 19.04.2018 whereby a learned single Judge of this Court dismissed the writ petition filed by the appellant for a direction to the 2nd respondent Temple authorities to recognize the occupation of the appellant with his family as tenant in the property situated in Old Door No.18/4, New Door No.30/4, Arunachalapuram Main Road, Adayar, Chennai 600 020 as tenant.

(2.) The case of the appellant is that the above mentioned property belongs to Arulmighu Shree Arunachaleswarar Thirukoil and since 1940, the family of the appellant has been in possession and enjoyment of the same. According to the appellant, license has also been issued in their favour. While so, one Mrs.Pandari Bai claiming ownership over the property in question filed a suit in O.S.No.13734 of 2010 before the learned VI Assistant Judge, City Civil Court, Chennai, for eviction of the appellant and his family. The learned Assistant Judge dismissed the said suit on 06.08.2013 holding that the 2nd respondent temple is the owner of the property. Subsequent to the above, according to the appellant, despite several representations to recognize his possession, the 2nd respondent has not considered the same.

(3.) The learned single Judge dismissed the writ petition holding that the appellant has not substantiated his claim by producing document in support of his case much less any rental receipt evidencing payment said to have been made by either the appellant or any of his family members to the temple authorities. The learned single Judge has also imposed cost of Rs. 25,000/- holding that the appellant had wasted the time of the court. It is the said order now under challenge in this writ appeal.