Madras High Court
Thedaselvam vs The Joint Commissioner on 19 October, 2022
REV.APLC(MD).No.139 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
REV.APLC.(MD)No.139 of 2022
and
C.M.P(MD) No.9693 of 2022
Thedaselvam ... 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 Kattalai,
Puttuthoppu, Madurai - 16 .... Respondents
PRAYER: Review Application is filed under Order 47 Rule 1 read with
Section 114 of Civil Procedure Code, to allow the Review Petition by
setting aside the impugned Judgment, dated 26.05.2022 passed in W.A(MD)
No.473 of 2022, on the file of the Hon'ble Court confirming the order dated
31.03.2022 passed in W.P(MD) No. 5745 of 2022 on the file of this Court.
1/6
https://www.mhc.tn.gov.in/judis
REV.APLC(MD).No.139 of 2022
For Petitioner : Mr.V.Vashik Ali
For R-1 & R2 : Mr.P.Subbaraj
Special Government Pleader
For R-3 : Mr. M.Saravanan
ORDER
(Order of the Court was made by R.VIJAYAKUMAR, J.,)
The present Review Application has been filed seeking to review the
order passed by this Court in W.A.(MD) No.473 of 2022, dated 26.05.2022.
2. The said Writ Appeal was filed challenging the order passed by the
learned Single Judge, directing the writ petitioner to approach the
Commissioner of Hindu Religious and Charitable Endowments Department,
after depositing a sum Rs.24,00,000/- (Rupees Twenty Four Lakhs only) for
fixation of fair rent proceedings. While considering the Writ Appeal, we
have passed an order, on 26.05.2022 dismissing the Writ Appeal, on the
ground that the petitioner has already suffered an order of fixation of fair
rent, on 23.06.2018 and the said order has not been challenged.
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REV.APLC(MD).No.139 of 2022
3. The present Review Application has been filed on the ground that
the said order dated 23.06.2018 was already challenged and it was set aside
by this Court. However, after setting aside the fixation of fair rent, again
fair rent has been fixed by the respondent Temple on 26.07.2021 at the rate
of Rs.39,100/- (Rupees Thirty Nine Thousand and One Hundred only) per
month. In fact, the said order was not challenged. However, a Mandamus
was filed before this Court for fixing a fair rent based upon 15%
enhancement once in three years. The said Writ Petition came to be
dismissed, directing the petitioner to approach the Commissioner, HR & CE
Department under Section 34-A of the Act. Hence, we find that there is no
error apparent in the order passed in W.A.(MD) No.473 of 2022, dated
26.05.2022.
4. According to the learned counsel for the Review petitioner, after
the disposal of the Writ Appeal, the petitioner has already filed a statutory
appeal, before the Commissioner, HR & CE Department. Thereafter, notice
has been issued calling upon them to pay the arrears of rent as contemplated
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REV.APLC(MD).No.139 of 2022
under the Proviso to Section 34 -A of the Act. As and when the petitioner
deposits the amount, the Appeal would be taken on file and will be decided
on merits.
5. In such circumstances, the question of reviewing our order does not
arise. The petitioner is trying to run parallell litigation before this Court
when he has already filed an appeal before the Commissioner, HR & CE
Department.
6. In view of the above said facts, we do not find any merit in this
Review Application. Hence, this Review Application stands dismissed. The
Review petitioner is at liberty to raise all the issues in the statutory Appeal.
No costs. Consequently connected Miscellaneous Petition is closed.
[R.S.K., J.] & [R.V., J.]
19 .10.2022
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
REV.APLC(MD).No.139 of 2022
To
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 Kattalai,
Puttuthoppu,
Madurai – 16.
https://www.mhc.tn.gov.in/judis
REV.APLC(MD).No.139 of 2022
R.SURESH KUMAR,J.
and
R.VIJAYAKUMAR,J.
ebsi
Rev.Aplc.(MD)No.139 of 2022
19.10.2022
https://www.mhc.tn.gov.in/judis
