M.Suresh Babu v. The Commisisoner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI 1.M.Suresh Babu 2.M.Srinivasan 3.C.Ranjitham 4.S.Jothi 5.R.Parvathi 6.P.Ganasundari 7.B.Kanagam 8.A.Balu 9.M.Viji 10.Mrs.Gandhimathii 11.Mrs.Sundarai 12.R.Ramamoorthi 13.M.Bharanidharan .... Petitioners vs

1. The Commissioner, Hindu Religious & Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, 1/6

Kumbakonam

3. The Deputy Commissioner, Mayiladuthurai

4. The Executive Officer, Arulmigu Sundaramoorthi Vinayagar Temple, Koorainadu, Mayiladuthurai - 609 001 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus to direct the first respondent to consider the petitioners 1 to 13 th appeal letters dated 19.08.2025 and 25.08.2025 to the first respondent and thereby direct the 1 st respondent to fix the fair rent as ordered vide Na.Ka.No.40651.2008/M3 dated 18.07.2008 and further extend the appeal provisions to the petitioner as specified in Section 34-A of the Hindu Religious Endowment Act, 1959. For Petitioners : Mr.R.Muralikrishnan For Respondents : Mr.K.Karthikeiyan Govt.Advocate

O R D E R

2/6

Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents.

2. The petitioners have filed this writ petition seeking a direction to the first respondent to consider the petitioners appeal letters dated 19.08.2025 and 25.08.2025, pending with the first respondent.

3. Learned counsel for the petitioners fairly submits that after filing of the writ petition, the first respondent has served the Proceedings dated 04.09.2025 and the petitioners have already preferred an appeal under Section 34 of the Hindu Religious and Charitable Endowments Act, 1959. Learned counsel would therefore seek a direction to the first respondent to dispose of the said appeals, individually preferred by the petitioners on merits and expeditiously. Learned counsel for the petitioners further submits that the Proviso to Section 34(a)(3) of HR & CE Act will be complied with.

3/6

4. Considering that the prayer originally sought for cannot be granted in view of the subsequent events, it would suffice to record the submissions of the learned counsel for the petitioners that the petitioners have preferred individual appeals under Section 34 of the Hindu Religious Endowment Act, 1959 as against the proceedings dated 04.09.2025 and the first respondent shall afford an opportunity of personal hearing of the petitioners and dispose of the said appeals on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is allowed. No costs

6. W.M.P.No.46287 of 2025 filed by the petitioners seeking to permit them to file a single writ petition stands allowed inasmuch as separate court fee has been paid.

4/6

19.11.2025 Index : Yes/No : Yes/No Speaking/Non-Speaking Order sr To

1. The Commissioner, Hindu Religious & Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Kumbakonam

3. The Deputy Commissioner, Mayiladuthurai

4. The Executive Officer, Arulmigu Sundaramoorthi Vinayagar Temple, Koorainadu, Mayiladuthurai - 609 001 5/6

P.B.BALAJI, J.

sr 19.11.2025 6/6