Madras High Court
S.Rathinavel vs The Commissioner on 9 August, 2023
W.A.No.2046 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2046 of 2023
S.Rathinavel .. Appellant
Vs.
1. The Commissioner
HR & CE Administration Department
Mahatma Gandhi Road
Nungambakkam
Chennai 600 034.
2. The Executive Officer
Arulmighu Veerabathraswamy Temple
Annai Indira Gandhi Salai
@ Nellukara Street, Kanchipuram
Kanchipuram District. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 01.06.2023 made in W.P.No.13932 of 2023.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.2046 of 2023
For the Appellant : Mr.S.Parthasarathy
Senior Counsel
For Mr.P.Dinesh Kumar
For the Respondents : Mr.N.R.R.Arun Natarajan
Special Government Pleader
(HR & Chief Engineer)
for Respondent-1
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.S.Parthasarathy, learned Senior Counsel for
Mr.P.Dinesh Kumar, learned counsel for the appellant and
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for
the first respondent.
2. The appellant had filed writ petition bearing No.13932 of
2023 before the learned Single Judge thereby challenging the fair
rent fixed by the first respondent.
3. Learned Senior Counsel for the appellant submits that the
fixation of fair rent under the impugned demand notice was without
https://www.mhc.tn.gov.in/judis
W.A.No.2046 of 2023
adhering to the principles of natural justice. Prior to fixation of fair
rent, no notice was issued to the appellant. Reliance is placed on the
judgment of the Division Bench of this Court in the case of
Arulmigu Angala Parameswari and Kasivishwanathaswami
Temple Adimanaiveal House Owners Association v. State of
Tamil Nadu [2009 (6) CTC 512].
3. Learned Special Government Pleader submits that in fact,
the impugned demand notice was issued on 06.04.2022. The same
was challenged for the first time in June 2023, that too, after the
proceedings were initiated for eviction of the appellant. He further
submits that the learned Single Judge has rightly considered that
the appellant has alternative efficacious remedy available.
4. We have considered the submissions.
5. There is no dispute that the appellant has an alternative
remedy available, as has been observed by the learned Single
https://www.mhc.tn.gov.in/judis
W.A.No.2046 of 2023
Judge, under Section 34-A of the Tamil Nadu Hindu Religious and
Charitable Endowments Act. However, it also appears that prior to
the fixation of fair rent, no notice was issued to the appellant calling
for the appellant to put forth his objection.
6. The Division Bench in the case of Arulmigu Angala
Parameswari supra, has held that though the Act does not
prescribe issuance of show cause notice, still the principles of
natural justice are required to be followed. The Government Order
dated 02.02.2009 was relied upon in the said judgment.
7. As the principles of natural justice has not been followed,
we exercise our jurisdiction and set aside the order of the learned
Single Judge. The impugned demand of fair rent shall be construed
as a show cause notice to the appellant. The appellant shall file his
reply to it within ten days from today. The respondent shall,
thereafter, consider the said reply and the grounds raised by the
appellant and take decision afresh, in accordance with law.
https://www.mhc.tn.gov.in/judis
W.A.No.2046 of 2023
8. The writ appeal is, accordingly, disposed of. There will be no
order as to costs. Consequently, C.M.P.Nos.17365 and 17368 of
2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
09.08.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Commissioner
HR & CE Administration Department
Mahatma Gandhi Road
Nungambakkam
Chennai 600 034.
2. The Executive Officer
Arulmighu Veerabathraswamy Temple
Annai Indira Gandhi Salai
@ Nellukara Street, Kanchipuram
Kanchipuram District.
https://www.mhc.tn.gov.in/judis
W.A.No.2046 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.2046 of 2023
09.08.2023
https://www.mhc.tn.gov.in/judis
