Madras High Court
A. Gurusamy vs The Joint Commissioner/ on 11 September, 2023
W.P.(MD)Nos.20960 of 2023 batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)Nos. 20967, 20971, 20986 & 20988 of 2023
and
W.M.P(MD)Nos. 17417, 17378, 17359, 17369 & 17371 of 2023
A. Gurusamy ... Petitioner in W.P.(MD)No.
20967 of 2023
T. Ramalingam ... Petitioner in W.P.(MD)No.
20971 of 2023
M.Shahulhameed ... Petitioner in W.P.(MD)No.
20986 of 2023
S.Sulthan ... Petitioner in W.P.(MD)No.
20988 of 2023
vs.
1. The Joint Commissioner/
Executive Officer,
Arulmigu Ramanathaswamy Thirukovil,
Rameshwaram,
Ramanathapuram District.
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2. The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Chennai – 600 034. ... Respondents in all the
Writ Petitions
COMMON PRAYER : Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Certiorarified Mandamus, calling for the records
pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.
450/2021/Aa6 dated 10.07.2023 quash the same and directing the respondents to
fix the rent as per the representation of the petitioner, dated 17.07.2023.
In all Writ Petitions
For Petitioners : Mr.N.Tamilmani
For Respondents : Mr.S.Ramesh,
Standing Counsel, for R-1
Mr.S.P.Maharajan,
Special Government Pleader, for R-2
COMMON ORDER
These writ petitions have been filed to quash the impugned order,
dated 10.07.2023 directing the respondents to fix rent based on the representation,
dated 17.07.2023.
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2. Since the issue involved in these Writ Petitions are same and
similar all the writ petitions are taken up together and disposed of by this
Common order.
3. Through the impugned order, dated 10.07.2023 the respondents
have fixed rent to the tune of Rs.15,000/- per month, in the shop situated in
western side Moondram Prakaram along with electricity charge to the tune of
Rs.300/- per month and directed the petitioners to pay the same on or before 5th
day of every English Calendar month.
4. The petitioners are doing business at the western side Moondram
Prakaram nearly 120 years. They are selling Turmeric, Kumkum, Pictures of
Gods, Handicrafts Articles from Sangu, Chozhi and Palm leaves.
5. The 2nd respondent has passed an order, dated 03.06.2013,
directing the petitioners to vacate the shop on 30.06.2013. Challenging the same,
all the shop keepers including the petitioners have filed writ petitions. On
09.01.2019, the Hon'ble Division Bench of this Court had passed an order, where
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W.P.(MD)Nos.20960 of 2023 batch
the report of the Joint Commissioner-cum-Executive Officer was recorded. In the
report, the Joint Commissioner-cum-Executive Officer had stated that there is a
proposal to construct building in the East Car Street. After construction, the
respondents would consider to accommodate 44 lessees. Thereafter, again the writ
petitions came up for hearing on 28.11.2022, the Hon'ble Division Bench has
held, since alternative building is not constructed and the proposal is pending,
hence, as on when the construction is completed the petitioners may be given
priority for getting alternative accommodation on payment of appropriate rent.
Pending construction, the petitioners are directed to vacate the shop in question
and hand over the vacant possession to the temple authorities. If the authorities
are agreeing, they may be allowed in the present place till construction of the
above said building on payment of increased rent.
6. Based on which the 1st respondent has passed the impugned order,
dated 10.07.2023 by fixing monthly rent as Rs.15,000/-per month and electricity
charge Rs.300/-per month. The contention of the petitioners is that they are
paying monthly rent of Rs.860/- regularly without fail, but the respondents have
increased the monthly rent which is exorbitant. The petitioners further submitted
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that the other shops inside the temple in the western side Moondram Prakaram
and for the shops situated on the main road outside the temple, the respondents
are collecting monthly rent from Rs.1440 to Rs.2030/- alone. Moreover, in the
impugned order, the 1st respondent has fixed monthly rent with retrospective
effect from 01.07.2022 onwards, which is against the settled proposition of law.
Moreover, before increasing the rent the respondents have not issued any notice.
Also has not provided with details of calculation, at what rate the rent is levied
etc. and hence the fixation of exorbitant rent is against the principles of natural
justice. Since the rent is excessive and arbitrary the petitioners have submitted
representation, dated 17.07.2023 requested to re-fix the rent. Hence, the
petitioners have filed these writ petitions to quash the excessive fixation of rent
and to re-fix the rent based on the petitioners’ representation, dated 17.07.2023.
7. The respondents have filed counter stating that these writ
petitions are not maintainable since the petitioners are having alternative remedy
to prefer an appeal before the Commissioner.
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8. The contention of the respondents is that the occupation of the
petitioners and running shop in 3rd corridor of the temple affects the monumental
and archeological value of the temple. Section 77 of the HR & CE Act, do
prohibits that the religious institution should not lease or mortgage with
possession or grant a license for occupation of any land belonging to the religious
institution whether situated within or outside the precincts thereof or any space
within or outside the Prakarams, Mandapams, Courtyards or Corridors of the
religious institution and therefore, the petitioners are specifically prohibited under
Section 77 of the HR & CE Act. Apart from the statute, the Hon’ble Division
Bench in Suo moto W.P.No.574 of 2015 vide judgment, dated 07.06.2021 had
directed the Government to preserve the temples architectural marvel. Based on
the order the government had also issued circular to this effect. The Moondram
Prakaram of Arulmigu Ramanathaswamy temple is world famous for its perfect
architectural engineering marvel. The respondents are taking steps to keep the
Moondram Prakaram clean, to preserve its antique and its true value.
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9. Heard Mr.N.Tamilmani, the Learned counsel appearing for the
petitioners, Mr.S.Ramesh, the Learned Standing Counsel appearing for the
1st respondent, Mr.S.P.Maharajan, the Learned Special Government Pleader
appearing for the 2nd respondent and perused the material documents available on
record.
10. It is seen from the records that the petitioners are original lessees
and running the shop in the same place for the past several decades. The
respondents have initiated action to increase the rent. When the lessees refused to
pay the increased rent, the respondents have directed to vacate the premises. As
on date, the lessees had not paid the increased rent. If the petitioners are affected
by the increased rent, they have alternate remedy. Moreover, the fixing of rent by
taking the extent of the premises, rate etc. would be within the domain of the
respondents and it deals with factual matrix, hence the writ petition cannot be
entertained under Article 226.
11. Therefore, the petitioners are directed to prefer an appeal before
the Commissioner / 2nd respondent, within a period of Two weeks from the date of
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receipt of a copy of the order. The Commissioner shall consider the appeal within
a period of six months therefrom. The petitioners are directed to file an interim
stay application and the stay application may be consider at an earliest.
12. As rightly pointed out by the respondents if the premises is let out
it would affect the architectural marvel. Therefore, the respondents are at liberty
to take policy decision to preserve the architectural marvel.
13. With these observations and directions, these Writ Petitions are
disposed of. No Costs. Consequently, connected miscellaneous petitions are
closed.
Index : Yes / No 11.09.2023
Internet : Yes [1/2]
ksa
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W.P.(MD)Nos.20960 of 2023 batch
To
1. The Joint Commissioner/
Executive Officer,
Arulmigu Ramanathaswamy Thirukovil,
Rameshwaram,
Ramanathapuram District.
2. The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Chennai – 600 034.
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S.SRIMATHY, J
ksa
Common Order made in
W.P.(MD)Nos. 20967, 20971,
20986 & 20988 of 2023
[1/2]
11.09.2023
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