S.Iyem Perumal v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.22203 &22206 of 2025 S.Iyem Perumal ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli District.

4.The Executive Officer, Arulmigu Soundara Pandeeswarar Temple, Melakaruvelankulam, Nanguneri Taluk, Tirunelveli 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 relating to the impugned proceedings of the fourth respondent dated 23.09.2025 fixing and quash the same.

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For Petitioner : Mr.J.Anandkumar For Respondents : Mr.P.Subbaraj Special Government Pleader for R1 to R3 : Mr.V.R.Shanmuganathan for R4

ORDER

Heard both sides.

2. The petitioner challenges the impugned communication issued by the fourth respondent indicating determination of the fair rent payable to the writ petitioner. It is well settled that under Section 34-A of HR & CE Act, the fair rent committee has to fix the rent. The Executive Officer may be a part of the committee. But he cannot on his own fix the fair rent.

3. In this view of the matter, the order impugned in the writ petition is quashed. The matter is remitted to the file of the Fair Rent Committee to determine the fair rent payable by the writ petitioner. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai District.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Palayamkottai, Tirunelveli District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli District.

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G.R.SWAMINATHAN, J.

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