Madras High Court
K.Mani Pillai vs The Commissioner on 6 April, 2023
WA Nos.793, 802 and 811 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WA Nos.793, 802 and 811 of 2023
K.Mani Pillai ... Appellant in WA No.793 of 2023
M.Gandhi Bai ... Appellant in WA No.802 of 2023
Anjali Devi @ P.Devi ... Appellant in WA No.811 of 2023
versus
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Nungambakkam, Chennai 600034
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Nungambakkam, Chennai 600034
3.Arulmighu Angala Parameshwari
Kasi Viswanadha Swamy Thirukovil
rep. By its Executive Officer,
No.5, South Mada Street,
Choolai, Chennai 112. ... Respondents
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WA Nos.793, 802 and 811 of 2023
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 16.08.2022 in WP Nos.24894, 24893, 24895 of
2015.
For the Appellant :: Mr.B.Ullasavelan
For the Respondents :: Mr.N.R.R.Arun Natarajan,
Special Government Pleader,
for H.R. & C.E. Department
COMMON JUDGMENT
(Made by the Hon'ble Acting Chief Justice)
These writ appeals have been filed against the common order
dated 16.08.2022 in WP Nos.24894, 24893, 24895 of 2015.
2. The appellants were issued with the impugned notice in the
year 2005, directing them to pay the revised rent fixed by the Fee
Fixation Committee. Aggrieved by the said notice issued in the year
2005, the appellants filed writ petitions after ten long years, and the
only explanation given for the long delay in approaching this Court was
that they were poor and they were making repeated representations
to the authorities to re-fix the rent. Learned Single Judge has rightly
observed that making representations will not extend the limitation or
erase the delay or laches.
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WA Nos.793, 802 and 811 of 2023
3. On a perusal of the documents, it is seen that the rent fixed
insofar as the appellant in WA No.802 of 2023 was only Rs.952/- per
month for an extent of 550 sq.ft.; and the rent fixed insofar as the
appellant in WA No.793 of 2023 was only Rs.3050/- per month for an
extent of 2058 sq.ft., and the rent fixed insofar as the appellant in WA
No.811 of 2023 was only Rs.657/- per month for an extent of 443
sq.ft. Given the prime location where the property is situate, the above
rent cannot be said to be exorbitant or high.
4. It was vehemently argued that the original sale deeds in
respect of the lands clearly show that the appellants were given lands
only for residential purpose; however, while fixing rent, it was treated
as a commercial property.
5. This Court is of the view that the appellants ought to have
agitated all these contentions before the Commissioner, by filing
appeal within thirty days from the date of receipt of the impugned
notice, which has not been done so.
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WA Nos.793, 802 and 811 of 2023
6. We are, therefore, unable to find any justification or error in
the impugned order passed by learned Single Judge. The writ appeals
fail and the same are dismissed. There will be no order as to costs.
Consequently, CMP Nos.7686, 7644 and 7743 of 2023 are closed.
(T.R., ACJ.) (D.B.C., J.)
06.04.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
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WA Nos.793, 802 and 811 of 2023
To
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Nungambakkam, Chennai 600034
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam High Road,
Nungambakkam, Chennai 600034
3.The Executive Officer,
Arulmighu Angala Parameshwari
Kasi Viswanadha Swamy Thirukovil
No.5, South Mada Street,
Choolai, Chennai 112.
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WA Nos.793, 802 and 811 of 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY, J.
(tar)
WA Nos.793, 802 and 811 of 2023
06.04.2023
https://www.mhc.tn.gov.in/judis
