Madras High Court
Thedaselvam vs The Joint Commissioner on 26 May, 2022
W.A(MD)NO.473 OF 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.05.2022
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.473 of 2022
Thedaselvam ... Appellant / Petitioner
Vs.
1. The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Madurai.
2. The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Madurai.
3. The Chairman of Trustees and Thakkar,
Arulmigu Puttu Urchava Vagayara Kattlai,
Puttuthoppu,
Madurai – 16. ... Respondents / Respondents
Prayer: Writ appeal filed under Clause 15 of Letters Patent, against
the order of this Court made in W.P.(MD)No.5745 of 2022, dated
31.03.2022.
For Appellant : Mr.S.Satheesh Kumar,
for Mr.M.O.Thevankumar
For R-1 & R-2 : Mr.S.R.A.Ramachandran
Additional Government Pleader
For R-3 : Mr.M.Saravanan
1
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W.A(MD)NO.473 OF 2022
JUDGMENT
[JUDGMENT of the Court was made by R.VIJAYAKUMAR, J.,]
Heard the learned counsel appearing for the appellant and the
learned Additional Government Pleader appearing for respondents 1
and 2 and the learned counsel appearing for the third respondent.
2. The present intra-court appeal has been filed challenging the
order of the learned Single Judge passed in W.P.(MD)No.5745 of
2022. The writ petitioner is the appellant.
3. The writ petitioner has approached this Court with a prayer
for Writ of Mandamus directing the third respondent Temple to follow
15% enhancement of rent once in three years and not to evict him
from the disputed premises. Admittedly, the petitioner has suffered an
order dated 23.06.2018 at the hands of the third respondent, wherein
fair rent has been fixed with effect from 01.07.2016 at the rate of
Rs.45,570/-(Rupees Forty Five Thousand Five Hundred and Seventy
only). However, the said order was not challenged at any point of time
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W.A(MD)NO.473 OF 2022
by the writ petitioner. In the year 2022, the writ petitioner has come
out with the present prayer.
4. The learned Single Judge, vide Order dated 31.03.2022, has
directed the writ petitioner to deposit the arrears of Rs.24,13,718/-
(Rupees Twenty four lakhs, thirteen thousand, seven hundred and
eighteen only) as on 20.09.2021 and thereafter, approach the
Commissioner of Hindu Religious and Charitable Endowments
Department for filing statutory appeal under Section 34(A) of the
Hindu Religious and Charitable Endowments Act (hereinafter
referred to as 'the Act'). Aggrieved over the same, the present Writ
Appeal has been filed.
5. Having suffered an order in the year 2018 with regard to
fixation of rent, the petitioner has not even chosen to challenge the
same before the Commissioner of Hindu Religious and Charitable
Endowments Department as contemplated under Section 34(A) of the
Act. He has come out with the prayer for mandamus not to collect any
rent and follow the enhancement of 15% per month.
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W.A(MD)NO.473 OF 2022
6. Hence, we do not find any illegality or perversity in the order
of the learned Single Judge directing the writ petitioner to approach
the Commissioner of Hindu Religious and Charitable Endowments
Department for filing statutory appeal under Section 34(A) of the Act.
Admittedly, the petitioner has to deposit the said arrears before the
Commissioner before filing statutory appeal under Section 34(A) of
the Act. In view of the proviso to sub Section (3) of Section 34 (A) of
the said Act and in view of the statutory mandate for depositing the
said amount, we are not inclined to interfere with the order passed by
the learned Single Judge.
7. In the result, this Writ Appeal is dismissed. No costs.
(R.S.K, J.) & (R.V, J.)
26.05.2022
Index : Yes / No
Internet : Yes/ No
CM / PMU
https://www.mhc.tn.gov.in/judis
W.A(MD)NO.473 OF 2022
R. SURESH KUMAR,J.
AND
R.VIJAYAKUMAR, J.
CM / PMU
W.A.(MD)No.473 of 2022
26.05.2022
https://www.mhc.tn.gov.in/judis
