Madras High Court
Kalavathi vs The Commissioner on 30 August, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.22303 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.22303 of 2022
and
W.M.P.Nos.21336, 21338 & 21339 of 2022
Kalavathi ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 34.
2.The Joint Commissioner,
Chennai Division 2,
Hindu Religious and Charitable
Endowment Department,
Ramakrishna Mutt Road,
Mylapore, Chennai.
3.The Assistant Commissioner,
Chennai Division,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai - 600 034.
4.The Executive Officer,
Arulmighu Ramanatheeswar Thirukoil,
Porur, Chennai - 600 116.
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https://www.mhc.tn.gov.in/judis
Page No. 1 of 10
W.P.No.22303 of 2022
5.The Secretary to Government,
The Tourism, Culture and
Religious Endowment Department,
Secretariat, Chennai - 600 009.
(R5 suo motu impleaded vide order of
this Court in W.P.No.22303 of 2022
dated 30.08.2022) ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorari, to call for the records in the
impugned order dated 29.07.2022 on the file of the third respondent and
quash the same and grant such other relief deem fit and proper under the
circumstances of the case.
For Petitioner : Mr.R.Rajarajan
For Respondents : Mr.N.R.RArun Natarajan
Special Government Pleader
ORDER
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader takes notice on behalf of the respondents.
2. After hearing both sides, this writ petition is being disposed at the time of admission itself, by dispensing with notice and counter of the respondents.
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3. The petitioner has challenged the impugned communication of the third respondent/Assistant Commissioner asking the petitioner to vacate the premises on account of the fact that Section 78 proceedings/order was initiated against the original tenant/lessee by name Manickammal on 13.01.2017 and that Revision Petition in R.P.No.108 of 2017 D2 was dismissed on 18.05.2017, by the first respondent/Commissioner under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the TNHR&CE Act).
4. It is the specific case of the petitioner that the said Manickammal who was the tenant of the fourth respondent Temple was in possession of land measuring an extent of 2400 sq.ft and that she had sub-leased the land to different persons including the petitioner and that the petitioner has been in possession of the land measuring of am extent of 378 sq.ft. out of 2400 sq.ft from 2012 and that the petitioner has put up superstructure where the petitioner is residing and is running a small commercial shop. ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 10 W.P.No.22303 of 2022
5. It is submitted that the Tamil Nadu Electricity Board has given electricity connection in the name of the petitioner and the petitioner is also paying necessary property tax for the property. It is therefore submitted that it is unfair to ask the petitioner to vacate from the aforesaid premises particularly in the light of the fact that the petitioner and other tenants have put up individual constructions and are residing and carrying their business from the said premises.
6. That apart, it is also submitted that the petitioner and the other tenants have paid a sum of Rs.4,50,840/- to the fourth respondent Temple on 05.08.2022, for which, a receipt has been issued by the fourth respondent Temple on 10.08.2022.
7. This Writ Petition is stoutly opposed by the learned Special Government Pleader for the respondents stating that the petitioner is not a tenant of the fourth respondent Temple and therefore the petitioner cannot have any rights under Section 79 of the TNHR&CE Act. ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 10 W.P.No.22303 of 2022
8. It is submitted that Section 78 proceedings/order dated 13.01.2017 of the Joint Commissioner/second respondent passed against the original tenant/lessee Manickammal has also been confirmed by the first respondent/Commissioner in his proceedings dated 18.05.2017 in R.P.No.108 of 2017 D2 and therefore the respondents are justified in invoking Section 79 of the TNHR&CE Act. That apart, it is submitted that the amounts that has been paid by the petitioner and five other tenants is only towards use and occupation of the land from the time when the petitioner has been in possession and has been arrears of the amount.
9. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
10. The order of the first respondent/Commissioner on 18.05.2017 in R.P.No.108 of 2017 D2 stands in the way. Under these circumstances, liberty is given to the petitioner to file appropriate application before the Government under Section 114 of the TNHR&CE Act, within a period of thirty days from the date of receipt of a copy of this order. ____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 10 W.P.No.22303 of 2022
11. In all such proceedings, the petitioner can also ask for regularizing the tenancy as the fourth respondent Temple is only concerned with revenue from its immovable property. The petitioner has been in possession of the land on which, the petitioner has put up immovable structure.
12. Considering the above, this Writ Petition is disposed of by giving liberty to the petitioner to challenge the order dated 18.05.2017 in R.P.No.108 of 2017 D2, before the Government, under Section 114 of the TNHR&CE Act as a third party in possession of the property.
13. The petitioner is directed to continue to pay the amounts that may be demanded by the fourth respondent Temple towards use and occupation of the land pending such regularization and orders to be passed in the proposed revision petition to be filed by the petitioner.
14. Considering the fact that the petitioner has not impleaded the Secretary, Tourism, Culture and Religious Endowment Department, Secretariat, Chennai - 600 009, who has to pass appropriate orders under ____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 10 W.P.No.22303 of 2022 Section 114 of the TNHR&CE Act, this Court is inclined to suo motu implead the Secretary, Tourism, Culture and Religious Endowment Department, Secretariat, Chennai - 600 009, as the fifth respondent in this writ petition.
15. On such revision petition being filed by the petitioner, the fifth respondent shall consider and dispose the revision petition without reference to the limitation.
16. The respondents are directed to refer the issue to the Fair Rent Fixation Committee to determine the fair rent payable by the petitioner for the past in terms of the relevant Government Orders as in force from the time since the petitioner has been in possession of the property. The petitioner shall pay such amounts as may be determined for regularizing her occupancy.
17. The respondents are directed to deseal the property forthwith as the petitioner has demonstrated her bonafide by paying the amounts for use and occupation. The petitioner shall continue to pay any reasonable amount as may be demanded by the Temple pending determination of fair rent by the ____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 10 W.P.No.22303 of 2022 Fair Rent Fixation Committee. Needless to state, the amount to be paid shall be provisional and shall be subject to final determination of fair rent by the Fair Rent Fixation Committee.
18. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
30.08.2022 Index : Yes/No Speaking/Non-Speaking Order arb To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 34.
2.The Joint Commissioner, Chennai Division 2, Hindu Religious and Charitable Endowment Department, Ramakrishna Mutt Road, Mylapore, Chennai.
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3.The Assistant Commissioner, Chennai Division, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 034.
4.The Executive Officer, Arulmighu Ramanatheeswar Thirukoil, Porur, Chennai - 600 116.
5.The Secretary to Government, The Tourism, Culture and Religious Endowment Department, Secretariat, Chennai - 600 009.
____________ https://www.mhc.tn.gov.in/judis Page No. 9 of 10 W.P.No.22303 of 2022 C.SARAVANAN, J.
arb W.P.No.22303 of 2022 and W.M.P.Nos.21336, 21338 & 21339 of 2022 30.08.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 10 of 10