[Cites 1, Cited by 0]
Madras High Court
G.Rajan vs The Commissioner on 9 March, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.24695 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.24695 of 2022
And
W.M.P.No.23642 of 2022
G.Rajan ... 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,
Thirukkazhukkundram,
Chengalpattu District. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus by 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 to the provisions of law and consequently direct
the third respondent herein to re-fix the fair rent after giving sufficient
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W.P.No.24695 of 2022
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 Munoth.A
For Respondents : Mr.N.R.R.Arun Natarajan for R1 and R2
Special Government Pleader
Mr.R.Bharanidharan for R3
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus by calling for the records relating to
the impugned demand notice dated 15.09.2021 issued by the third
respondent and quash the same as being illegal, arbitrary and contrary
to the provisions of law and consequently direct the third respondent
to re-fix the fair rent after giving sufficient opportunity to the
petitioner as per the guidelines issued by the first respondent in
Na.Ka.No.40651/2008/M3 dated 02.02.2009.
2.The learned counsel appearing for the petitioner submitted
that the property situated at No.97, New Bus Stand,
Thirukkazhukundram, Chengalpattu District comprised in S.No.460
measuring an extent of 445 sq.ft. is owned by the third respondent
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Temple. Originally one Krishna Naicker was the tenant of the subject
property and he borrowed money from the petitioner and died without
discharging the debt due to the petitioner. Thereafter the property
was let out to the petitioner. On 24.04.2008, the petitioner filed
application before the second respondent seeking name transfer in
respect of the tenancy over the subject property and the second
respondent passed the order dated 01.09.2008 transferring the name
of the tenant from Krishna Naicker to the name of the petitioner.
Thereafter, the petitioner preferred application before the second
respondent seeking to put up construction over the subject property
and the second respondent also granted permission to construct a
building over the subject property and the petitioner also put up a
superstructure out of his own funds. Whileso, the third respondent
issued the impugned demand notice dated 15.09.2021 fixing the fair
rent of a sum of Rs.2,19,180/- in respect of the land and building for
the period from 01.07.2016 to 30.06.2021 with retrospective effect.
3.The learned Special Government Pleader appearing for the
respondents 1 and 2 submitted that as on date, the total outstanding
amount due from the petitioner is Rs.3,75,920/- and further submitted
that as on today (09.03.2026), this Court may fix the fair rent as
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Rs.6,360/- per month and the respondents may be permitted to
enhance the rent by 15% for every three years and further submitted
that this Court may issue direction to the petitioner to execute gift
deed for the superstructure in favour of the third respondent Temple,
if not already executed.
4.In response, the learned counsel appearing for the
petitioner submitted that this Court may permit the petitioner to pay
the outstanding amount of Rs.3,75,920/- by way of four installments
and further submitted that the petitioner will execute gift deed for the
superstructure in favour of the third respondent Temple, if not already
executed and prayed this Court to issue direction to the respondents
to recognize the petitioner as the tenant of the third respondent
Temple.
5.In view of the fair submissions made on either side, this
Court dispose of this writ petition with the following directions:
(i)The petitioner is directed to remit the outstanding amount
of Rs.3,75,920/- in four monthly installments, commencing from 7th
April, 2026 and shall pay the installments on or before 7 th of every
succeeding English Calendar month, i.e., a sum of Rs.1 Lakh each in
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the first three installments and the balance amount of Rs.75,920/- in
the fourth installment.
(ii)As on today (09.03.2026), the rent for the subject
property including superstructure is fixed at Rs.6,360/- per month and
the respondents are permitted to enhance the rent by 15% once in
every three years.
(iii)The petitioner is directed to execute gift deed for the
superstructure in favour of the third respondent Temple, if not already
executed. Thereafter, the respondents are directed to recognize the
petitioner as the tenant.
(iv)In case, the petitioner commits any default in complying
with the above directions, liberty is granted to the third respondent
Temple to evict the petitioner forthwith.
6.The writ petition is disposed of with the above directions.
No costs. Consequently, the connected miscellaneous petition is
closed.
09.03.2026
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
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M.DHANDAPANI,J.
pri
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,
Thirukkazhukkundram,
Chengalpattu District.
And
09.03.2026
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