Madras High Court
T.C.Chitrarasu vs The Commissioner on 7 August, 2023
W.P.No.17531 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.17531 of 2023
and
WMP.No.16658 of 2023
T.C.Chitrarasu ...Petitioner
Vs.
1.The Commissioner
Hindu Religious and Charitable Endowments Department
Chennai 600 024.
2.The Joint Commissioner
Hindu Religious and Charitable Endowments Department
Vellore.
3.The Executive Officer
Arulmighu Vedhagireeswarar Thirukkoil
Thirukkazukkundram
Chenglpattu District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records relating
to the impugned demand notice dated 15.09.2021 issued by the third
respondent herein and quash the same as being illegal, arbitrary and contrary
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W.P.No.17531 of 2023
to the provisions of law and consequently direct the third respondent herein to
re-fix the fair rent after giving sufficient opportunity to the petitioner herein as
per the guidelines issued by the first respondent herein in
Na.Ka.No.40651/2008/M3 dated 02.02.2009.
For Petitioner : Ms.Dipthi Munotha.A
for Mr.K.V.Babu
For Respondents : Mr.N.R.R.Arun Natarajan
Special Government Pleader
ORDER
The Writ Petition is filed challenging the impugned demand
notice issued by the third respondent dated 15.09.2021.
2. Under the impugned demand notice, third respondent fixed the
fair rent for the premises in occupation of the petitioner as lessee and
demanded arrears of fair rent from 01.07.2016.
3. The impugned demand notice was challenged mainly on the
ground that the third respondent in the impugned demand notice without
calling for objection from the petitioner regarding fixation of fair rent, fixed
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W.P.No.17531 of 2023
fair rent. Therefore, the fair rent fixed by the third respondent is unilateral and
the same is violation of natural justice principles.
4. The learned counsel for the petitioner submitted that there is
discrepancy with regard to the extent of premises in occupation of the
petitioner in the impugned demand notice and the annexure to the notice.
5. The learned counsel for the petitioner further relied on the
judgment of this Court in J.A.C.Raj Vs. The Commissioner, Hindu
Religious and Charitable Endowments Department and Ors., reported in
MANU/TN/6189/2022 for the proposition that the fixation of fair rent without
show cause notice to the lessee involves civil consequences.
6. In view of the point raised by the learned counsel for the
petitioner that the impugned demand notice fixing fair rent from 01.07.2016
has been done by the third respondent without issuing show cause notice to
the petitioner before the fixing fair rent, this Court is inclined to direct the
third respondent to treat the impugned demand notice as show cause notice for
fixation of fair rent.
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W.P.No.17531 of 2023
7. The petitioner is directed to submit her objection to the
impugned demand notice within a period of four weeks from the date of
receipt of copy of this order. Thereafter, the third respondent shall place it
before the committee constituted under Section 34 A of the Tamil Nadu Hindu
Religious & Charitable Endowment Act, and any fair rent fixed by the
Competent Committee shall be communicated to the petitioner in the manner
known to law. The fixation of fair rent by the committee shall be completed
within four weeks from the date of submission of objections by the petitioner.
If no objection is submitted by the petitioner within the time indicated above,
it is open to the respondents to proceed in accordance with law, as if petitioner
has no objection.
8. It is brought to the notice of this Court that as per the
conditional interim order passed by this Court, the petitioner deposited a sum
of Rs.2,00,000/-. Any amount paid by the petitioner in pursuance of the
interim order, shall be adjusted with the fair rent to be fixed by the Committee.
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W.P.No.17531 of 2023
9. The petitioner is directed to pay the rent at the rate of Rs.5055/-
till the fixation of fair rent by the Committee as directed above. In case, the
fair rent fixed by the Committee is less than the amount already fixed, the
petitioner is entitled to adjust the differential amount with regard to the future
rent. When the objections of the petitioner is considered by the committee, the
objections if any made by the petitioner with regard to the right of the third
respondent to fix the fair rent with retrospective effect should also be
considered by the committee.
10. With the above directions, this Writ Petition is disposed of.
No costs. Consequently, connected Miscellaneous Petition is closed.
07.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
dna
https://www.mhc.tn.gov.in/judis
W.P.No.17531 of 2023
S.SOUNTHAR, J.
dna
To
1.The Commissioner
Hindu Religious and Charitable Endowments Department
Chennai 600 024.
2.The Joint Commissioner
Hindu Religious and Charitable Endowments Department
Vellore.
3.The Executive Officer
Arulmighu Vedhagireeswarar Thirukkoil
Thirukkazukkundram
Chenglpattu District.
W.P No.17531 of 2023
and
WMP.No.16658 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
