T.Arumugam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.Nos.6246 & 6255 of 2022 and W.M.P.Nos.6314 & 6325 of 2022 T.Arumugam .. Petitioner in both W.Ps.

Vs.

1.The Commissioner, Hindu Religious Endowment Department, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious Endowment Department, Nungambakkam, Chennai 600 034.

3.The Executive Officer, Arulmigu Vengreswarar, Alagarperumal and Nagathaman Temple, Vadapalani, Chennai 600 026.

.. Respondents in all W.Ps.

Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned undated demand notices issued by the 3rd respondent vide reference for the (i) property bearing No.143/1, Arcot Road, Vadapalani, Chennai 600 026 and (ii) property bearing No.143, Arcot Road, Vadapalani, Chennai 600 026 respectively and quash the same and consequently, forbear the 3rd respondent from demanding the enhanced rent retrospectively from 01.07.2016 in respect of the above said property and further permit the petitioners herein to pay the arrears of rents to the 3rd respondent temple.

(In both W.Ps.) For Petitioner : Mr.Abdul Mubeen for M/s.M.Mohamed Anees For RR1 & 2 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For R3 : Mr.P.Willson Topaz for M/s.A.S.Kailasam Associates

C O M M O N O R D E R Both the Writ Petitions are filed challenging the impugned undated demand notice issued by the 3rd respondent, forbearing the 3rd respondent from demanding the enhanced rent retrospectively from 01.07.2016 in respect of the above mentioned properties and to permit the petitioner herein to pay the arrears of rents to the 3rd respondent temple. 2.Heard the learned counsel appearing for the petitioner, learned Special Government Pleader (HR & CE) appearing for the respondents 1 and 2 as well as the learned counsel appearing for the 3rd respondent in all the Writ Petitions and perused the entire materials available on record.

3.The petitioner herein is challenging the demand notices, calling upon him to pay the arrears of fair rent fixed from 01.07.2016 to 30.06.2021. According to the learned counsel appearing for the petitioner, the respondents did not give any notice to the petitioner before fixing the fair rent and has not complied with the provisions of Sections 34 and 34(A) of the Hindu Religious and Charitable Endowments Act, 1959. The respondents are also claiming arrears of rent alleged to have been fixed retrospectively from 01.07.2016.

4.The learned Special Government Pleader (HR & CE) appearing for the respondents 1 & 2 submitted that on 21.06.2021, fair rent was fixed by the Committee headed by the Joint Commissioner. Without challenging the said order dated 21.06.2021 passed by the Committee, the present Writ Petitions are not maintainable and prayed for dismissal of both the Writ Petitions.

5.In reply to the contention of the learned Special Government Pleader (HR & CE), the learned counsel appearing for the petitioner submitted that the order dated 21.06.2021 was not served on the petitioner. The learned Special Government Pleader submitted that a copy of said order will be given to the petitioner. The learned counsel appearing for the petitioner submitted that if copy of the order fixing fair rent is given, time may be granted to the petitioner to file an appeal challenging the same before the Commissioner and sought a direction to the respondents not to disturb his possession till the appeal is disposed of by the Commissioner. 6.Today, in the open Court, a copy of the order of the Committee dated 21.06.2021, fixing fair rent is handed over to the counsel appearing for the petitioner.

7.The learned Special Government Pleader (HR & CE) appearing for the respondents 1 & 2 submitted that the respondents will not interfere with the possession of the petitioner till disposal of the appeals to be filed by the petitioner within the time limit fixed by this Court. 8.Considering the above submissions made on both side, both the Writ Petition are disposed of, granting three weeks time to the petitioner from the date of receipt of a copy of this common order, to file appeal challenging the order dated 21.06.2021 passed by the Committee to the Commissioner. If any appeal is filed, the Commissioner is directed to dispose of the appeal on merits and pass orders after giving opportunity of personal hearing to the petitioner and 3rd respondent, within a period of eight weeks from the date of receipt of the appeal.

Till such time, the respondents are restrained from initiating any proceedings based on the order dated 21.06.2021. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gsa To 1.The Commissioner, Hindu Religious Endowment Department, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious Endowment Department, Nungambakkam, Chennai 600 034.

3.The Executive Officer, Arulmigu Vengreswarar, Alagarperumal and Nagathaman Temple, Vadapalani, Chennai 600 026.

+1cc to the Government Pleader, S.R.No.19647 W.P.Nos.6246 & 6255 of 2022 SSD(CO) SB(01/04/2022)