Madras High Court
Sri Sri Vengeeswarar Alagarperumal And vs The Commissioner on 4 February, 2021
Author: Anita Sumanth
Bench: Anita Sumanth
W.P. No.20432 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.20432 of 2012
Sri Sri Vengeeswarar Alagarperumal and
Nagathamman Koil Devasthanam,
Rep. by its Hereditary Trustee,
P.Chamundeswari,
Saidapet Road, Vadapalani, Chennai-26 …Petitioner
(Cause title amended vide order dated 18.1.2021
made in WMP.24700/2020 in WP.23042/2012)
Vs
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Uthamar Gandhi Road,
Nungambakkam, Chennai.
2.The Joint Registrar,
Hindu Religious and Charitable Endowment Department,
Uthamar Gandhi Road,
Nungambakkam, Chennai.
3.The District Registrar,
Office of the Registration,
Central Madras,
Pycrofts Road, Triplicane,
Chennai-600 005. …Respondents
1
https://www.mhc.tn.gov.in/judis/
W.P. No.20432 of 2012
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to
Writ of Mandamus to direct the 1st respondent to constitute the permanent
committee with the time schedule to take up the fixation of fair rent in respect of the
petitioner temple as per the provisions of Section 34-A of H.R.&C.E. Act.
For Petitioner : Mr.PL.Narayanan
For Respondents : Ms.A.B.Reehana Begum (for R1 & R2)
Government Advocate
No Appearance (for R3)
*********
ORDER
The petitioner is the Sri Sri Vengeeswarar Alagarperumal and Nagathamman Koil Devasthanam (in short ‘Devasthanam’) represented by its hereditary trustee, that owns a number of immovable properties, all of which are leased out to third parties. The prayer is for a mandamus directing R1, the Commissioner, Hindu Religious and Charitable Endowment Department (HR & CE Department) to constitute a permanent committee to take up the fixation of fair rent in respect of the properties of the Devasthanam as per the provisions of Section 34-A of Hindu Religious Charitable and Endowments Act, 1959 (in short ‘H.R.&C.E. Act). 2 https://www.mhc.tn.gov.in/judis/ W.P. No.20432 of 2012
2. The lessees in occupation of the properties, details of which have been set out in pages1 to 25 of typed set dated 21.01.2021, are remitting meagre rents and there has been a substantial increase in the rentals of the properties over the years.
3. There is thus a direction to the Commissioner, HR&CE Department/R1 to constitute a committee as per the provisions of Section 34-A of the Act comprising the Joint Commissioner/ Executive Officer/ Trustee/ Chairman of the Board of Trustees of the Devasthanam/ District Registrar of the Registration Department in the District concerned, who, taking into account the prevailing market rental value and the guideline value of each of the temple properties shall fix a fair rent within a period of eight weeks from date of uploading of the order.
4. Ms.Reehana Begum, learned Government Advocate appearing for R1 and R2 confirms that there are valid arrangements in terms of Section 34 of the Act subsisting in regard to all the properties. This aspect should be specifically verified and a finding rendered in this regard by the authorities in the course of fixation of the fair rentals.
3 https://www.mhc.tn.gov.in/judis/ W.P. No.20432 of 2012 DR. ANITA SUMANTH, J.
5.This writ petition is disposed, as the mandamus sought for is achieved. No costs.
6. List this matter on 06.04.2021 to report compliance.
04.02.2021 vs Note:Registry is directed to upload this order on 05.02.2021. Index: Yes Speaking order To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Road, Nungambakkam, Chennai.
2.The Joint Registrar, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Road, Nungambakkam, Chennai.
3.The District Registrar, Office of the Registration, Central Madras, Pycrofts Road, Triplicane, Chennai-600 005. W.P. No.20432 of 2012 4 https://www.mhc.tn.gov.in/judis/