S. Iyem Perumal v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Iyem Perumal ...
Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli - 627 002.
3.The Executie Officer, Arulmigu Soundara Pandesswarar Temple, Melakaruvelankulam, Nanguneri Taluk, Tirunelveli District.
...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus to direct the 3rd respondent to fix fair rent on monthly basis rent w.e.f. September 2024 on the petitioner's lease
hold property in an extent of 22 cents in Survey No.690/18 Padalayarkulam Village, Nanguneri Taluk Tirunelveli District, under Section 34 (A) of Tamil Nadu Religious and Charitable Endowment Act,1959, and provide necessary permission for construction of building and issue NOC for Electricity Service Connection of the lease hold property in accordance with law. For Petitioner :
Mr.J.John For Respondents : Mr.K.S.Selvaganesan, Addl.Govt.Pleader.
ORDER
This Writ Petition has been filed praying for issuance of a writ of mandamus to direct the 3rd respondent to fix fair rent on monthly basis rent w.e.f. September 2024 on the petitioner's lease hold property of an extent of 22 cents in Survey No.690/18 Padalayarkulam Village, Nanguneri Taluk Tirunelveli District, under Section 34 (A) of Tamil Nadu Religious and Charitable Endowment Act,1959, and provide necessary permission for construction of building and issue NOC for Electricity Service Connection of the lease hold property in accordance with law.
2. After submitting for a brief while, learned counsel for the petitioner as well as the respondents would submit that pursuant to the directions of this Court in W.P.(MD) No.2870 of 2022, dated 14.02.2022, a calculation sheet, fixing the fair rent, was furnished to the petitioner on 29.11.2022, fixing the rent at Rs.16,500/- per month. It is further submitted by the learned counsel for the petitioner that the petitioner is ready and willing to pay the above said rent of Rs.16,500/- per month from 29.11.2022 onwards.
3. Learned Additional Government Pleader, appearing for the respondents, would submit that the respondents may be given liberty to recover the agreed rent for the period prior to 29.11.2022, in case there are any arrears, after putting the petitioner on notice, which is not seriously objected to.
4. Recording the above submissions, this Writ Petition is closed. No costs.
22.10.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dixit
To:
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli - 627 002.
3.The Executie Officer, Arulmigu Soundara Pandesswarar Temple, Melakaruvelankulam, Nanguneri Taluk, Tirunelveli District.
MOHAMMED SHAFFIQ, J.
dixit 22.10.2024