Madras High CourtWP(MD)/1800/2026disposed of

Vignesh V v. The Commissioner

2026-01-27Honourable Mr Justice Krishnan Ramasamy9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/01/2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and WMP(MD)Nos.1429 and 1430 of 2026

1. V.Vignesh

2. S.Muthulakshmi

3. V.Rathinam ... Petitioners Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.

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

3. Arulmigu Sennimalai Thambiran Swami Madam, Represented by Thakkar / The Joint Commissioner, Arulmigu Dhandayuthapani Swami Temple, Palani, Hindu Religious and Charitable Endowments Department, Palani, Dindigul District-624 601.

... Respondents 1/9

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direction to the 2nd respondent to dispose of the petitioner's Application dated 08.12.2025 on the file of the 2nd respondent to fix fair rent for occupation of site alone in accordance with G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998 and G.O.Ms.No.353 of 1999 (Tamil Development and Culture, Hindu Religious Department), dated 04.06.1999 and in terms of Section 34 of Hindu Religious and Charitable Endowments Act, 1959 and consequently to direct the 3rd respondent not to initiate any coercive action against the petitioner until disposal of the Application dated 08.12.2025. For Petitioners : Mr.A.Muthuprakash For R1 & R2 : Mr.K.Balasubramani Special Government Pleader For R3 : Mr.R.Murali 2/9

ORDER

WMP(MD)No.1429 of 2026 filed to permit the petitioners to join together and file a single writ petition is allowed.

The prayer in this writ petition is to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioners' Application dated 08.12.2025 on the file of the 2nd respondent to fix fair rent for occupation of site alone in accordance with G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998 and G.O.Ms.No.353 of 1999 (Tamil Development and Culture, Hindu Religious Department), dated 04.06.1999 and in terms of Section 34 of Hindu Religious and Charitable Endowments Act, 1959 and consequently to direct the 3rd respondent not to initiate any coercive action against the petitioners until disposal of the Application dated 08.12.2025.

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Learned counsel for the petitioners would submit that the petitioners are in occupation of the premises to an extent of 960 square feet, at Door No.156, Dindigul Road, Palani, belongs to the 3rd respondent Mutt under the lease deed dated 25.03.2005 on a monthly rent of Rs.300/- subsequently revised to Rs.600/-. While so, the 3rd respondent issued a demand notice dated 24.11.2025 alleging the petitioners' occupation as unauthorised encroachment and demanded Rs.1,16,535/- per month towards damages. According to the petitioners, without providing reasonable opportunity of hearing and without referring the matter to the fair rent committee for fixation of fair rent as per G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998 and G.O.Ms.No.353 of 1999 (Tamil Development and Culture, Hindu Religious Department), dated 04.06.1999 and in terms of Section 34 of Hindu Religious and Charitable Endowments Act, 1959, the 3rd respondent issued the abovesaid demand notice. Hence, challenging the said notice, the petitioners 4/9

filed a petition under Section 34-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to stay the opeartion of the notice dated 24.11.2025; to constitute fair rent fixation committee under Section 34-A(1) of the Act; to recognise and register the petitioners as lawful tenants of the subject premises and to direct execution of fresh lease deed at fair rent so fixed.

Learned counsel for the petitioners would further submit that the petitioners paid the rent upto October 2025 at the rate of Rs.600/- per month and thereafter the respondents refused to receive the rent. Therefore, the petitioners are not in a position to pay the rent. Apprehending coercive action on the part of the respondents, they have filed the present writ petition for the abovesaid prayer.

Learned Special Government Pleader appearing for the respondents 1 and 2 would submit that in a similar case where the 5/9

petitioner therein occupied more than 10,000 square feet, this Court has fixed the rent at Rs.15,000/- per month and directed to deposit Rs.2 Lakhs as advance. In the present case, since the petitioners are in occupation of 960 square feet, they may be directed to pay the rent at Rs.5,000/- per month and Rs.1 Lakh may be directed to be deposited as advance.

Considering the submissions made by the learned counsel for the petitioners as well as the learned Special Government Pleader for the respondents, this Court finds force in the submission made by the learned Special Government Pleader and accordingly, the same yardstick in the similar case can be applied to the present case. Considering the occupation of the petitioners which is only 960 square feet, the petitioners are directed to pay Rs.5,000/- (Rupees Five Thousand only) as monthly rent. The petitioners have paid the rent upto October 2025. Therefore, they are directed to pay the rent at Rs.5,000/- per month for the months of November 2025, December 2025 and 6/9

January 2026 i.e., totally Rs.15,000/- within a period of two weeks from the date of receipt of a copy of this order and continue to pay the rent at Rs.5,000/- from February 2026 onwards for every month until the fixation of fair rent. Apart from that, the petitioners are directed to pay the 3rd respondent Rs.50,000/- (Rupees Fifty Thousand only) as advance within the abovesaid two weeks period. As regards the advance amount, normally three months rental amount will be paid as advance. In the event if the fair rent is fixed at Rs.10,000/-, the petitioners are liable to pay advance amount of Rs.30,000/- in which case, the balance amount of Rs.20,000/- shall be adjusted towards future monthly rent. In other words, the excess advance amount, if any, shall be adjusted towards future monthly rent.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, WMP(MD)No.1430 of 2026 is closed. 7/9

27.01.2026 Index : Yes / No bala To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.

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

3. The Thakkar / The Joint Commissioner, Arulmigu Sennimalai Thambiran Swami Madam, Arulmigu Dhandayuthapani Swami Temple, Palani, Hindu Religious and Charitable Endowments Department, Palani, Dindigul District-624 601.

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KRISHNAN RAMASAMY, J.

bala ORDER MADE IN DATED : 27.01.2026 9/9