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Madras High CourtWP(MD)/17248/2023disposed of

Ganesan v. The Joint Commissioner

2023-07-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P (MD)No.17248 of 2023 and W.M.P(MD)Nos.14445, 14446 & 14447 of 2023 Ganesan ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Neelagrishwarar Thoppu, Srirengam, Trichy.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Neelagrishwarar Thoppu, Srirengam, Trichy.

3. The Executive Officer/Thakkar, Arulmigu Semmalai Kannimar Mariyamman Karuppasamy Vagaiyara Thirukovilgal, Kambalathupatty, Sekkanam Village, Manapparai Taluk, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pursuant to the impugned notice, dated 23.05.2018 and consequential impugned notice in Na.Ka.No.24/1433, dated 01.07.2023 issued by the 3rd respondent, to quash the same.

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For Petitioner : Mr.B.Anandan For R-1 & R-2 : Mr.S.P.Maharajan Special Government Pleader, for R-1 & R-2 For R-3 : Mr.G.Mathavan

ORDER

This writ petition has been filed challenging the impugned notice, dated 23.05.2018 and the consequential impugned notice, dated 01.07.2023.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard Mr.B.Anandan, learned Counsel appearing for the Petitioner and Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondent Nos.1 & 2 and Mr.G.Mathavan, learned counsel appearing for the 3rd respondent.

4. Admittedly, the petitioner is occupying the space belonging to the 3rd respondent Temple. According to the petitioner, he is occupying 440 sq ft. only, for which the rent is fixed, as Rs.750/-. Suddenly, the respondents have raised the rent and fixed as Rs.6,400/-. Moreover, in the impugned notice the area is wrongly mentioned as 552 square feet as shed and 2370 square feet as vacant land. The contention of the petitioner is that the 2/6

respondents have taken into account the vacant land, but the petitioner is not occupying the said vacant land. Moreover, without issuing any notice and without granting any opportunities, the respondents have also fixed rent for vacant land as well as to the building.

5. Considering the facts and circumstances of the case, this Court is of the considered opinion that the petitioner shall pay a sum of Rs.2500/- as rent for the space he is occupying. On such payment, the respondents shall conduct enquiry after granting opportunity to the petitioner and thereafter fix the fair rent. The respondents shall measure the land, building and the vacant site as well. The respondents shall fix rent only for the land the petitioner is actually occupying.

6. According to the petitioner and the respondents, the petitioner has already paid some amount and the said amount shall be deducted while calculating rent as Rs.2500/-. The petitioner shall also pay arrear amount based on the above direction. The arrear amount shall be paid, within a period of 3 months. As far as the refixation is concerned the respondents shall conduct enquiry within a period of 6 months for refixation. Based the refixation order that would be passed after the enquiry, the petitioner shall pay the same. 3/6

7. With these directions and observations, this Writ Petition is disposed of. No Costs. Consequently, W.M.P(MD)No.14445 of 2023 is allowed and W.M.P(MD)Nos. 14446 & 14447 of 2023 are closed. 18.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ksa 4/6

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Neelagrishwarar Thoppu, Srirengam, Trichy.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Neelagrishwarar Thoppu, Srirengam, Trichy.

3. The Executive Officer/Thakkar, Arulmigu Semmalai Kannimar Mariyamman Karuppasamy Vagaiyara Thirukovilgal, Kambalathupatty, Sekkanam Village, Manapparai Taluk, Trichy District.

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S.SRIMATHY, J.

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