R. Saroja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Saroja ....

Petitioner Vs 1.The Commissioner, HR & CE Department, Chennai - 34.

2.The Executive Officer, Arulmigu Aatcheswarasamy Thirukovil, Achirapakkam, Maduranthakan Taluk, ....

Respondents Chengalpattu District.

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records in N.Dis.No.1488566/2025/D2 dated 29.04.2025 on the file of Commissioner HR & CE Department, Chennai - 34 and quash the same as illegal and direct the first respondent to condone the delay and adjudicate the case against the impugned order of fixation of fair rent dated 11.04.2025 on the file of Executive Officer Arulmigu Aatcheswarasamy Thirukovil, Acharapakkam, Chengalpattu District to secure the ends of justice.

For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.N.Muthuvel, Government Advocate 1/4

ORDER

This Civil Revision Petition is filed challenging the order of the first respondent dated 29.04.2025 returning the revision filed by the petitioner challenging the order of the second respondent fixing fair rent. The revision filed by the petitioner was returned by the first respondent on the ground that it was presented beyond the period of limitation and that the first respondent has no power to condone the delay. 2.

The petitioner herein, in his affidavit dated 06.02.2026, has stated that she is 67 years old and her mother, aged about 90 years, was affected with various ailments and was taking treatment at Apollo Hospital at the relevant point of time. Ultimately, her mother expired on 29.12.2024. In support of the said contention, the petitioner produced medical records pertaining to the period from 07.01.2023 to December 2024.

3.

It is further stated that, due to death of her mother, the petitioner was mentally distressed and therefore, she could not take effective steps to pursue the legal proceedings. The order impugned in the revision was passed by the second respondent on 11.04.2023, fixing the fair rent in respect of the property belonging to the second respondent 2/4

in occupation of the petitioner. The revision was filed by the petitioner before the first respondent only during April 2025, with a delay of 741 days. The said delay was sought to be explained by producing medical records relating to the treatment undergone by the petitioner's mother. 4.

Therefore, this Court feels the petitioner shall be given an opportunity to pursue the revision before the first respondent. 5.

Accordingly, this Civil Revision Petition stands allowed and the first respondent is directed to number the revision and dispose of the same in accordance with law. No costs.

06.02.2026 Internet:Yes/No Index:Yes/No Lpp To 1.The Commissioner, HR & CE Department, Chennai - 34.

2.The Executive Officer, Arulmigu Aatcheswarasamy Thirukovil, Achirapakkam, Maduranthakan Taluk, Chengalpattu District.

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S.SOUNTHAR.J.

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