Petitioner challenged rejection of appeal regarding temple rent enhancement. Court directed petitioner to deposit arrears within one week and the Commissioner to dispose of the appeal on merits within twelve weeks after providing due notice.
Directed deposit of arrears within one week; disposal of appeal on merits within twelve weeks after due notice.
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W.P(MD)No.9246 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021 CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.9246 of 2021
Vadamalai
... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai,
Thousand Lights West,
Nungambakkam, Chennai-600 034.
Hindu Religious and Charitable Endowment Department, No.40, Muthusamy Nagar,
Sivagangai,
Sivagangai District-630 561.
3.The Executive Officer,
Arulmigu Silampani Vinayagar Thirukovil,
Devakottai Town,
Sivagangai District-630 302. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to number and dispose the appeal filed by the petitioner in reference N.Dis.No.60439/2019 under Section 34(A)(3) of Hindu Religious and Charitable Endowment Act 1959 on its representing the returned appeal papers by the petitioner.
PRAYER:
For Petitioner : Mr.A.Saravanan
For R-1 & R-2 : Mr.P.Thilak Kumar, Standing Counsel For R3 : Mr.C.Gugaseelarupan
ORDER
This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the first respondent to number and dispose the appeal filed by the petitioner in reference N.Dis.No.60439/2019 under Section 34(A)(3) of Hindu Religious and Charitable Endowment Act 1959.
2.According to the petitioner, he is in possession and enjoyment of the small piece of property situated at Vellaiyan Oorani West, Perumal Kovil Street, to an extent of 300 square feet, which belongs to the third respondent temple. He is also paying a https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)No.9246 of 2021
monthly rent of Rs.60/- per month for more than 15 years. The third respondent also recognized the petitioner's occupation and possession of the said site in question and also received monthly rent from him. In the year 2018, the third respondent and the concerned the then Executive Officer, namely, one Thiru.Balathandayutaham also orally informed the petitioner that in respect of his house in question, the rent has been increased from Rs.60/- to Rs.1500/- and the same was increased in the year 2016 itself. Though the petitioner filed an appeal under Section 34A of the Tamil Nadu Hindu Religious Charitable Endowment Act before the second respondent seeking for fixation of fair rent and to collect the lease amount only in the name of vacant site instead of stating as a house, the second respondent has returned the petitioner's appeal stating that he has no jurisdiction to enquire the same.. Therefore, the petitioner filed an appeal before the first respondent on 17.06.2019 and the first respondent also returned the petitioner's appeal in its letter, dated 22.08.2019 in N.Dis.No.34741 to 34750 and 34754 by citing the following reasons:-
(i)The appeal petition should be verified and signed by the appellant as like in a suit.
(ii)An authenticated or a annexure to the order should be filed-vide Rule 8 of the Rules under Section 116(2)(ii) and (iii) of the Act. G.O.Ms.No.3158, dated 29.07.1961. There is no provision for dispensing with production of the above under the rules.
(iii)No appeal shall be entertained under sub-section (3) unless it is accompanied by satisfactory proof of deposit of the rent so fixed or refixed, in the account of the religious institution concerned and such amount shall be adjusted towards the rent amount payable by the lessee as per the order passed in the appeal.
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W.P(MD)No.9246 of 2021
is not empowered to condone the delay” . However, the reason assigned by the first respondent in returning the petitioner's appeal is not legally correct and baseless. Hence, the present Writ Petition came to be filed.
4.The learned counsel for the petitioner would state that it would be suffice if a direction is given to dispose of the appeal filed by the petitioner.
5.The learned counsel for the third respondent would state that the arrears amount of the rent, which was already fixed has to be deposited by the petitioner before the appeal be taken on file.
8.With the above direction, the writ petition is disposed of. No Costs.
// True Copy //
sji/pm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P(MD)No.9246 of 2021
To:
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
119, Uthamar Gandhi Salai, Thousand Lights West,
Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department, No.40, Muthusamy Nagar, Sivagangai, Sivagangai District-630 561.
W.P(MD)No.9246 of 2021
21.06.2021
KB(29.06.2021) 4P 3C
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2 issues framed by the court
Whether the Commissioner should be directed to dispose of the petitioner's appeal regarding enhanced temple rent.
Whether the petitioner must deposit arrears of rent fixed earlier before the appeal is entertained on merits.
2 provisions across 2 enactments
Vadamalai
The Commissioner, Hindu Religious and Charitable Endowment Department
The Joint Commissioner, Hindu Religious and Charitable Endowment Department
The Executive Officer, Arulmigu Silampani Vinayagar Thirukovil
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
