Thakkar vs R.Pandurengan
2024 Latest Caselaw 21524 Mad

Madras High Court

Thakkar vs R.Pandurengan on 12 November, 2024

                                                                                      W.A.(MD)No.19 of 2020


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 12.11.2024

                                                        CORAM:

                          THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
                                              and
                           THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                                  W.A.(MD)No.19 of 2020

               Thakkar,
               (The Executive Officer,
               Arulmighu Dhandayuthapaniswamy Temple, Madurai)
               Arulmighu Puttu Urchava Vagaiyara Kattalai,
               Arulmighu Sokkanathar Thirukovil,
               Puttuthoppu,
               Madurai-625 016.                            ... Appellant/Respondent

                                                           Vs

               R.Pandurengan                                             ...Respondent/Petitioner

               Prayer:
                         This Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the
               order dated 15.11.2019 passed by this Court in W.P(MD)No.24121 of 2019.
                                  For Appellant     : Mr.M.Saravanan
                                  For Respondent    : Mr.R.Aravindaraj

                                                      JUDGMENT

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.]

This Writ Appeal is filed against the order passed by this Court in

W.P(MD)No.24121 of 2019, dated 15.11.2019.

__________ https://www.mhc.tn.gov.in/judis

2.The respondent filed W.P.(MD)No.24121 of 2019, challenging the

impugned order passed by the Executive Officer in connection with the

enhancement of ground rent and consequently, direct the appellant/respondent to

refix the fair rent. The learned Single Judge, by order dated 15.11.2019, found

that the rent shall be in terms of Section 34(A)(2) of Tamil Nadu Hindu Religious

and Charitable Endowments Act and since the respondent/petitioner had paid the

entire arrears of rent in respect of the subject property, the writ petition was

closed.

3.Aggrieved against the said order passed by the learned Single Judge, the

temple-appellant has preferred this writ appeal.

4.On our instructions, the appellant-Executive Officer of the temple has

submitted by way of affidavit that as on date, the arrears of rent are Rs.50,050/-. It

remains to be stated that the refund of land rent shall be paid in accordance with

Section 34(A)(2) of the Tamil Nadu Hindu Religious and Charitable Endowments

Act. Further, it is subjected to refund and hence, the order of the learned Single

Judge is hereby modified to the effect that the arrears of rent in respect of the

three revisional periods and the subsequent period have been submitted by the

temple to be at Rs.50,050/-. The respondent/petitioner is hereby directed to pay

the amount of Rs.50,050/- in six equal installment.

__________ https://www.mhc.tn.gov.in/judis

5.With this modification, the Writ Appeal is allowed. No costs. If the

respondent/Petitioner has already paid the amount, he need not repay the amount.

In any event, the respondent/petitioner has not paid as stated above, it is open to

the temple-appellant to proceed with in accordance with law.

                                                                  [T.K.R., J.] [N.S., J.]
                                                                         12.11.2024
               NCC      : Yes / No
               Index : Yes / No
               Internet : Yes / No
               sji


               To

               The Record Keeper,
               Vernacular Section,
               Madurai Bench of Madras High Court,
               Madurai.




                __________

https://www.mhc.tn.gov.in/judis

RMT.TEEKAA RAMAN, J.

and N.SENTHILKUMAR, J.

sji

12.11.2024

__________ https://www.mhc.tn.gov.in/judis