Jayalakshmi v. The Secretary To Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.1307, 1308, 1317 & 1318 of 2019
1. Jayalakshmi
2. P.Lavanya
3. Sakunthala
...Petitioners in W.P.No.1147 of 2019
N.Adkesavan
...Petitioners in W.P.No.1157 of 2019
Vs.
1. The Secretary to Government of Tourism, Culture and Religious Endowments Department, Fort St.George, Chennai - 600 009.
2. The Commission of HR & CE, Nungambakkam High Road, Chennai - 34.
3. The Joint Commissioner, HR & CE Admn. Department, Chennai - 34.
4. The Executive Officer, Arulmigu Kapaleeswar Temple, Mylapore, Chennai - 600 004.
...Respondents in both cases
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Prayer in W.P.No.1147 of 2019: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorarified mandamus to call for the records of the first respondent in G.O.M.S.No.231 Tourism, Cultural and Endowment Department dated 31.12.2018 culminating with the order of the second respondent bearing No.R.P.No.25 of 2017/D2 dated 07.08.2017 and order of third respondent bearing No.Na.Ka.No.14908 of 2013A2 dated 22.07.2016 respectively and quash the same and by directing the fourth respondent to issue fresh notice under Section 34(A) of the Tamil Nadu HR & CE Act and fix reasonable rent after personal hearing. Prayer in W.P.No.1157 of 2019: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorarified mandamus to call for the records of the first respondent in G.O.M.S.No.
230 dated 31.12.2018 culminating with the order of the second respondent bearing No.R.P.No.134 of 2017/D2 dated 07.08.2017 and order of third respondent bearing No.Na.Ka.No.14908 of 2013A2 dated 21.09.2016 respectively and quash the same and by directing the fourth respondent to issue fresh notice under Section 34(A) of the Tamil Nadu HR & CE Act and fix reasonable rent after personal hearing.
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In both cases:
For Petitioners : M/s.V.Raghupathi For Respondents : Mr.NRR.Arun Natrajan, Spl.G.P for R1 to R3 Mr.S.Surya for for M/s.A.S.Kailasam Associates for R4 COMMON ORDER Since the issue involved in the above writ petitions are similar in nature, they are disposed of by way of this common order.
2. The case of the petitioners is that originally the lease deeds dated 21.06.1934 and 20.06.1934 were executed for the properties bearing Door Nos.39 and 41 situated at R.K.Mutt Road, Mylapore - 4 in favour of one Bagyammal and Neelavanna Mudaliar in respective petitions by the fourth respondent Temple. Subsequently, the petitioners who are the legal heirs of the said Bagyammal and Neelavannam Mudaliar are in possession and enjoyment of the Temple property. The fourth respondent without any prior Page No.3 of 13
notice has enhanced the monthly rent for the said properties, which has been challenged by the petitioners before the second respondent and the same was dismissed vide order dated 26.04.2011. Since the petitioners refused to pay the fair rent fixed by the temple authorities, proceedings u/s.78 of Hindu Religious and Charitable Endowments Act, 1951 was initiated and upon adjudication, the third respondent declared the petitioners as encroachers. Against which, the petitioners preferred appeal before the second respondent and the same was dismissed vide order dated 07.08.2017. Aggrieved over the same, the petitioners preferred a revision before the first respondent, which was also dismissed vide order dated 31.12.2018. Challenging the same, the present petitions have been filed seeking the aforesaid relief.
3. Though the present writ petitions have been filed seeking the aforesaid relief, however, the learned counsel for the petitioners at the time of arguments and upon instructions submits that the petitioners are ready and willing to pay the balance arrears towards the rent payable by the respective petitioners in favour of the fourth respondent by way of installments within the reasonable time fixed by this Court.
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4. The learned counsel appearing for the respondents 1 to 3 submits that as per the calculation arrived at by the respondents 1 to 3, the petitioners / tenants in W.P.No.1147 of 2019 are entitled to pay a sum of Rs.19,75,200/- and the petitioner in W.P.No.1157 of 2019 is entitled to pay a sum of Rs.13,86,000/- as on 30.09.2024 along with the fair rent fixed by them. Hence, he prayed this Court for passing appropriate orders.
5. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 and the learned counsel appearing for the fourth respondent and perused the materials placed on record.
6. This Court perused the entire calculation submitted by the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 towards the arrears of pending dues to be payable by the petitioners in respective writ petitions. The relevant portion of the said calculation is Page No.5 of 13
extracted as under:
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7. Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the respective petitioners / tenants, the petitioners in W.P.No.1147 of 2019 are directed to pay a sum of Rs.19,75,200/- arrived at by the Hindu Religious and Charitable Endowments Department (in short 'HR & CE' Department) by way of ten installments in favour of the Temple / fourth respondent and the petitioner in W.P.No.1157 of 2019 is directed to pay a sum of Rs.13,86,000/- by way of ten installments in favour of the Temple / fourth respondent. The first installment shall start from 07.10.2024 onwards. In addition to the said installments, the petitioners in W.P.No.1147 of 2019 shall continue to pay the fair rent of Rs.
35,000/- per month fixed by the HR & CE Department on or before 7th of every succeeding English Calendar month and the petitioner in W.P.No.1157 of 2019 shall continue to pay the fair rent of Rs.26,200/- per month on or before 7th of every succeeding English Calendar month. Failing compliance of the aforesaid directions, it is open to the H.R.& C.E. Department to evict the respective petitioners from the aforesaid premises within a period of four (4) weeks from the date of default committed by the Page No.
respective petitioners.
8. With the above directions and observation, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition are closed.
30.09.2024 RAP NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Note to Office: Issue order copy on 04.10.2024 To:
1. The Secretary to Government of Tourism, Culture and Religious Endowments Department, Fort St.George, Chennai - 600 009.
2. The Commission of HR & CE, Nungambakkam High Road, Chennai - 34.
3. The Joint Commissioner, HR & CE Admn. Department, Chennai - 34.
4. The Executive Officer, Arulmigu Kapaleeswar Temple, Mylapore, Chennai - 600 004.
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M.DHANDAPANI , J.
rap 30.09.2024 Page No.13 of 13