M.Ganesan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) Nos.18186, 18224, 18256 and 18258 of 2019 in W.M.P(MD)Nos.14623, 14660, 14700 and 14703 of 2019 M.Ganesan ... Petitioner in W.P.(MD) No.18186 of 2019 Subbulakshmi ... Petitioner in W.P.(MD) No.18224 of 2019 T.Mahalingam ... Petitioner in W.P.(MD) No.18256 of 2019 A.Chandra ... Petitioner in W.P.(MD) No.18258 of 2019 /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department , Sivagangai Region, Sivagangai.

3.The Manager, Sivagangai Devasthanam, Sivagangai.

4.The Superintendent, Thiruvetriyur Range, Sivagangai Devasthanam, Sivagangai.

... Respondents in all W.Ps., COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order/notice issued by the 4th respondent in e.f.vz;.b1.22/18 dated 02.08.2019 and set aside the same as illegal and arbitrary, consequently directing the 4th respondent to keep the old rent as a floor for the petitioner's house.

For Petitioners in all W.Ps., : No appearance For R1 & R2 in all W.Ps., : Mr.P.Subbaraj Special Government Pleader For R3 & R4 in all W.Ps., : Mr.S.Madhavan 1/3

COMMON ORDER The petitioners have challenged the impugned order/notice, wherein they were called upon to pay arrears of rent for the period between 01.07.2017 to 30.06.2019. The details of the arrears demanded from the petitioners and the monthly rent, on which the aforesaid demand has been made, are as under:- S.No. Names Monthly Rent Arrears Area (sq.ft.,) Period M.Ganesan Rs.1,300/- Rs.27,573 01.07.2017 to 30.06.2019 Subbulakshmi Rs.2,200/- Rs.47,625 -doT.Mahalingam Rs.2,800/- Rs.64,379 -doA.Chandra Rs.1,500/- Rs.33,984 -do2.The only ground, on which these writ petitions have been filed, is that no enquiry has been made before fixing the fair rent. It is submitted that the petitioners, who are doing agricultural work, are the poor people and therefore, they are not capable of paying the arrears.

3.It is noticed that as on date of filing of the present writ petitions, the petitioners have not paid the arrears and have enjoyed the benefit during the pendency of the writ petitions. Therefore, there is no case made out for interfering with the impugned order/notice, calling upon the petitioners to pay arrears. 4.Considering the fact that the petitioners are from rural area, while dismissing these writ petitions, liberty is given to the petitioners to pay the arrears of rent as on date within a period of two months from the date of receipt of a copy of this order and also file an appropriate application for regularising their rights as tenants with the temple. The petitioners shall continue to pay the revised rents periodically, failing which the respondents are at liberty to proceed against them in accordance with law. In case, there is no recognition of such rights, the petitioners shall vacate the premises. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department , Sivagangai Region, Sivagangai.

+1 CC to The Special Government Pleader (SR.No.9785) W.P.(MD) Nos.18186, 18224, 18256 and 18258 of 2019 02.03.2022 RS(21.03.2022) 3P-4C 3/3