Petitioner challenging ex parte eviction order sought fair rent proceedings and service of copy. Court directed petitioner to pay 50% of arrears to enable service and subsequent appeal under Section 34-A(3) of TNHRC Act 1959.
Petitioner directed to deposit 50% of balance arrears within one month to receive fair rent proceedings copy and file appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Writ Petition No.7552 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 3/1/2023
C O R A M
THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR
Writ Petition No.7552 of 2021
a n d
W.M.P.No.8074 of 2021
P. Kannan
Petitioner
Vs
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Writ Petition No.7552 of 2021
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent in R.P.No.331 of 2017 dated 9/3/2020 and quash the same and consequently, direct the second respondent to fix the fair rent as per the Hindu Religious and Charitable Endowment Act, 1960 and give sufficient opportunity to the petitioner on the fixation of fair rent and renewal the tenancy afresh.
For Petitioner ... Mr.U.Kathiravan For respondents ... Mr.Bindram Additional Government Pleader for R.R.1 to 3. Mr.S.Surya for M/s.A.S.Kailasam Associates for R.4.
O R D E R
This writ petition has been filed to quash the order, dated 9/3/2020,
passed by the first respondent, in R.P.No.331 of 2017, and consequently, direct the second respondent, to fix the fair rent, as per the Hindu Religious and Charitable Endowment Act, 1960.
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Writ Petition No.7552 of 2021
are as follows:-
Writ petitioner is a tenant in the fourth respondent Temple. He is paying the rents to the fourth respondent as well as to the Municipality for a total extent of 1600 sq.feet, comprised in S.No.176/2 from the date of allotment. When the matter stood thus, fair rent has been fixed, without notice to the petitioner and copy of the fair rent proceedings has not been served on the petitioner. The Joint Commissioner/second respondent had passed an order of eviction proceeding against the petitioner, under Section 79 of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959, and ex parte order of eviction has been passed on three grounds, viz.,
(i). the petitioner is not paying the rents
(ii). Petitioner has encroached upon the temple illegally and
(iii). Petitioner has not a produced any positive evidence to prove lawful occupation.
the learned counsel for the petitioner is that if the copy of the fair rent
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Writ Petition No.7552 of 2021
proceeding is served, he will canvass the same before the Commissioner for filing appropriate appeal. Therefore, seeks indulgence of this Court to direct the respondents to serve the fair rent proceedings.
ready to pay 50% of Rs.7,30,156/-.
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“Any person aggrieved by an order passed under sun-Section (2), may, within a period of thirty days from
the date of receipt of such order, appeal to the Commissioner, in such form and in such manner, as may be prescribed.
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Writ Petition No.7552 of 2021
Consequently, the connected Miscellaneous Petition is closed.
3/1/2023
Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
To
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Writ Petition No.7552 of 2021
N. SATHISH KUMAR, J
mvs.
W.P.No.7552 of 2021
3/1/2023
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2 issues framed by the court
Whether the petitioner is entitled to an opportunity to appeal the fair rent fixation without paying the arrears.
Whether the eviction order under Section 79 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is maintainable without proof of lawful occupation.
3 provisions across 2 enactments
P. Kannan
Commissioner, Hindu Religious and Charitable Endowment Department
Joint Commissioner, Hindu Religious and Charitable Endowment Department
Assistant Commissioner, Hindu Religious and Charitable Endowment Department
Executive Officer, Arulmigu Manmatheeswarar Thirukoil
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
