Madras High Court
A.Murugesan vs The Commissioner on 1 September, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.23108, 23120, 23123 & 23126 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.23108, 23120, 23123 & 23126 of 2022
and
W.M.P.Nos.22112, 22135, 22116, 22136, 22117,
22137, 22120, 22121 & 22138 of 2022
1.A.Murugesan ... Petitioner in
W.P.No.23108 of 2022
2.A.Arunachalam ... Petitioner in
W.P.No.23120 of 2022
3.P.Yasodha ... Petitioner in
W.P.No.23123 of 2022
4.P.V.Nithyanandam ... Petitioner in
W.P.No.23126 of 2022
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Uthamar Gandhi Salai,
Nungambakkam, Chennai.
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W.P.Nos.23108, 23120, 23123 & 23126 of 2022
2.The Joint Commissioner,
Chennai Division-1,
Hindu Religious and Charitable
Endowment Department,
Padi, Chennai - 600 050.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Padi, Chennai - 600 050.
4.The Executive Officer,
Arulmigu Sokkavel Subramaniyaswamy
Tirukovil,
Choolai, Chennai - 600 112. ... Respondents in all W.Ps
Prayer in W.P.No.23108 of 2022: Writ Petition filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of Certiorarified
Mandamus, to call for the records in Proceeding No.Nil dated 01.08.2017 of
the fourth respondent and quash the same and direct the respondents to re-fix
the fair rent for the property at No.20, Subba Naidu Street, Choolai,
Chennai - 600 112 in accordance with Sections 34A and 34C of the Hindu
Religious and Charitable Endowments Act, 1959.
Prayer in W.P.No.23120 of 2022: Writ Petition filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of Certiorarified
Mandamus, to call for the records in Proceeding No.Nil dated 01.08.2017 of
the fourth respondent and quash the same and direct the respondents to re-fix
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W.P.Nos.23108, 23120, 23123 & 23126 of 2022
the fair rent for the property at No.19/1, Subba Naidu Street, Choolai,
Chennai - 600 112 in accordance with Sections 34A and 34C of the Hindu
Religious and Charitable Endowments Act, 1959.
Prayer in W.P.No.23123 of 2022: Writ Petition filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of Certiorarified
Mandamus, to call for the records in Proceeding No.Nil dated 26.02.2018 of
the fourth respondent and quash the same and direct the respondents to re-fix
the fair rent for the property at No.8, Subba Naidu Street, Choolai,
Chennai - 600 112 in accordance with Sections 34A and 34C of the Hindu
Religious and Charitable Endowments Act, 1959.
Prayer in W.P.No.23126 of 2022: Writ Petition filed under Article 226 of the
Constitution of India, praying for issuance of a Writ of Certiorarified
Mandamus, to call for the records in Proceeding No.Nil dated 01.08.2017 of
the fourth respondent and quash the same and direct the respondents to make
name transfer of tenancy in the name of the petitioner and to re-fix the fair
rent for the property at No.19/2, Subba Naidu Street, Choolai,
Chennai - 600 112 in accordance with Sections 34A and 34C of the Hindu
Religious and Charitable Endowments Act, 1959.
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W.P.Nos.23108, 23120, 23123 & 23126 of 2022
For Petitioners : Mr.R.Amardeep
(In all W.Ps)
For Respondents :
(In all W.Ps)
For R1 to R3 : Mr.K.Karthikeyan
Government Advocate
For R4 : Mr.S.Surya
for M/s.A.S.Kailasam Associates
COMMON ORDER
Mr.K.Karthikeyan, learned Government Advocate takes notice on behalf of the first to third respondents and Mr.S.Surya, learned counsel for M/s.A.S.Kailasam Associates, takes notice on behalf of the fourth respondent.
2. After hearing both sides, these writ petitions are being disposed of at the time of admission, by dispensing with the requirement of filing of counter on the respondents.
3. These petitioners have challenged the impugned communications dated 01.08.2017 and 26.02.2018 of the fourth respondent belatedly after the 4/10 https://www.mhc.tn.gov.in/judis W.P.Nos.23108, 23120, 23123 & 23126 of 2022 premises under the control of the respective petitioners were put under Lock and Seal.
4. The facts on record indicates that the fair rent was fixed by the Fair Rent Fixation Committee in terms of Section 34A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (TNHR&CE Act) on 25.04.2017.
5. It is the specific case of the petitioners that the petitioners are aged and have been in possession of the property since their grand fathers time and that they have been paying the rent. The petitioners have now challenged the impugned intimation of the fourth respondent wherein, a reference has been made to the order passed by the second respondent on 25.04.2017, under Section 34A of the TNHR&CE Act.
6. These Writ Petitions are opposed by the learned Government Advocate for the first to third respondents and the learned counsel for the fourth respondent Temple on the ground that the petitioners have not filed 5/10 https://www.mhc.tn.gov.in/judis W.P.Nos.23108, 23120, 23123 & 23126 of 2022 any appeal against the order fixing the fair rent under Section 34A(3) of the TNHR&CE Act. It is therefore submitted that the second respondent has now passed an order under Section 78 of the TNHR&CE Act on 18.08.2022 in M.P.Nos.18 to 21/2022/A3 and that the petitioners have to workout their remedy under Section 21 of the TNHR&CE Act.
7. The learned counsel for the petitioners interjects and submits that Section 78 order has been passed without notice to the petitioners and the petitioners have also not received the same. That apart, it is submitted that the petitioners have paid approximately 50% to 60% of the amount due for the land in question, under their possession. Hence, he prays that these Writ Petitions be allowed.
8. I have considered the arguments advanced by the learned counsel for the petitioners, learned Government Advocate for the first to third respondents and the learned counsel for the fourth respondent. 6/10 https://www.mhc.tn.gov.in/judis W.P.Nos.23108, 23120, 23123 & 23126 of 2022
9. The petitioners have shown their bona fide by paying 50% of the amount due which stands confirmed by the learned Government Advocate for the first to third respondents herein as detailed below:-
Sl. W.P.No. Name of the Extent Fair Rent Old Rent No. Petitioner (sq.ft) (Per month) (Per month) W.P.No.23108 of A.Murugesan Rs.17,300/- Rs.640/-1 2022 820
W.P.No.23120 of A.Arunachalam Rs.12,600/- Rs.2,480/-2 2022 600
W.P.No.23123 of P.Yasodha Rs.25,400/- Rs.2,868- 3 2022 1208 W.P.No.23126 of P.V.Nithyanandam Rs.20,600/- Rs.779/-4 2022 980
10. The petitioners are in possession of the land measuring an extent of 600 to 1208 sq.ft. The fair rent that has been fixed by the second respondent on 25.04.2017. It has not been challenged by the petitioners in the manner known to law and therefore as a sequitur proceedings under Section 78 of the TNHR&CE Act have come to be initiated. However, no orders have been passed.
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11. Considering the fact that the petitioners have shown their bona fide in paying the amounts, I am inclined to dispose of these writ petitions at the time of admission by directing the petitioners to file a statutory appeal against the order of the second respondent dated 25.04.2017, within a period of thirty days from the date of receipt of a copy of this order and shall be disposed on its turn by the first respondent. The mandatory requirement for depositing the balance is waived for the present.
12. Considering the fact that the second respondent has now passed orders under Section 78 of the TNHR&CE Act on 18.08.2022 in M.P.Nos.18 to 21/2022/A3, the petitioners are also directed to file a formal appeal before the first respondent under Section 34A(3) of the TNHR&CE Act along with revision petition to be filed against the order of the second respondent shall be disposed of on their turn. The petitioners shall continue to pay 50% of the amounts that was determined in terms of the order fixing the fair rent on 25.04.2017. All further recovery will be subject to final outcome of the proposed appeal and the proposed revision petition before the first respondent.
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13. The request of the petitioners for regularizing the tenancy in their name on account of the death of their father is also be considered by the first respondent. The respective properties shall be desealed, if they are under Lock and Seal.
14. These Writ Petitions stand disposed with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
01.09.2022 Index : Yes/No Speaking/Non-Speaking Order arb To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Salai, Nungambakkam, Chennai.
2.The Joint Commissioner, Chennai Division-1, Hindu Religious and Charitable Endowment Department, Padi, Chennai - 600 050.
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arb
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Padi, Chennai - 600 050.
4.The Executive Officer, Arulmigu Sokkavel Subramaniyaswamy Tirukovil, Choolai, Chennai - 600 112.
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