Temple tenants sought mandamus directing HR&CE authorities to fix fair rent under Section 34-A of the HR & CE Act, 1959. During hearing it was shown that the Fair Rent Fixation Committee had already fixed fair rent on 13.09.2021, and the tenants had appealed against it before the Commissioner. The writ petition was dismissed as infructuous.
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.
W.P.No.10706 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.10706 of 2021 and W.M.P.No.11347 of 2021
1.P.S. Thangasamy Nadar
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13.R.Indirani
... Petitioners
vs.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 st and 2 nd Respondents to consider the representation made by the Petitioners on 10.03.2021 and consequently fix FAIR RENTS to the property belonging to the temple by constituting a Fair Rent Fixation Committee as per Section 34A of the HR
and CE Act of 1959, thereby protecting the interest of the Tenants/Petitioners herein from illegal eviction by the 3 rd Respondent.
For Petitioners : M/s.H.Lucia Priyadarshini
For R1 and R2 : Mr.S.Ravichandran Additional Government Pleader (HR & CE) For R3 : Mr.D.Rajagopal
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O R D E R
The Writ Petition is filed seeking a direction to the respondents 1 and 2 to consider the representation of the petitioners' dated 10.03.2021 and consequently to fix fair rent for the property in occupation of the petitioners under Section 34-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
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properties in occupation of the petitioners, nothing survives for further consideration in this writ petition.
that the petitioners are in arrears in payment of the rent. If it is so, it is open to the 3rd respondent to explore all options available under law.
Consequently, the connection writ miscellaneous petition is closed.
06.12.2024 (2/2)
Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm
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W.P.No.10706 of 2021
To
Hindu Religious and Charitable Endowments Department Uttamar Gandhi Salai Nungambakkam, Ch – 34
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S.SOUNTHAR, J.
dm
W.P.No.10706 of 2021
06.12.2024 (2/2)
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1 issue framed by the court
Whether respondents 1 and 2 were obliged to consider the tenants' representation for fixation of fair rent under Section 34-A of the HR & CE Act, 1959.
2 provisions across 2 enactments
P.S. Thangasamy Nadar
A.Amaranulla Khan
A.Murugan
The Commissioner, Hindu Religious and Charitable Endowments Department
The Assistant Commissioner, HR and CE Department, Kancheepuram
Sri Yathothkari Perumal Swamy Temple rep by its Hereditary Trustee N. Narayanan
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
