K.R.Saravanan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)No.20065 of 2024 K.R.Saravanan

...Petitioner

Vs 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

3.The Joint Commissioner/Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent dated 13/09/2024 in proceedings Na.Ka.No.3438/2019/E2-2, quash the same as the same is arbitrary, ultravires, contrary to Section 34-A of Tamil Nadu Hindu 1/5

Religious and Charitable Endowment Act 22/1959 and consequentially direct the third respondent to refix the fair rent on the basis of the prevailing market rental value in respect of the property comprised in Old Door No.77, New Door No.146, East Masi Street, East Taluk, Madurai 625 001.

For Petitioner : Mr.R.G.Shankar Ganesh For R-1 and R-2 : Mr.P.Subbaraj Special Government Pleader For R-3 : Mr.V.R.Shanmuganathan

O R D E R

Heard Mr.R.G.Shankar Ganesh, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 & 2 and Mr.V.R.Shanmuganathan, learned counsel for the 3rd respondent.

2. The Writ Petition has been filed challenging the order of the third respondent dated 13/09/2024 and to consequently direct the third respondent to refix the fair rent on the basis of the prevailing market rental value in respect of the property comprised in Old Door No.77, New Door No.146, East Masi Street, East Taluk, Madurai 625 001. 2/5

3. Even though serious disputes have been raised regarding the fair rent fixed by the Temple, and considering that a subsequent revision is also due in the following fasli year, this Court, without going into the merits of the petitioner's claim, is of the view that the fair rent fixed by the respondents need not be disturbed at present. Considering that the petitioner has already made a deposit of 40% of the arrears demanded, the petitioner is permitted to pay the remaining 60% in 10 equated monthly installments, starting from January 2025. The first installment shall be paid on or before 31.01.2025, with the remaining 9 installments to be paid along with the rent payable by the petitioner.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.01.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 24.01.2025.

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To:

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

2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.

3.The Joint Commissioner/Executive Officer, Arulmigu Meenakshi Sundareswarar Temple, Madurai.

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K.KUMARESH BABU , J.

Nsr 22.01.2025 5/5