Disposed

Shanthi. S v. The Commissioner

Madras HC3 Oct 2024WP(MD)/21822/2024

Case brief

AI extract

What is this about?

Petitioner challenged fixation of fair rent and a demand notice by the HR&CE Department over her housing site. On counsel's submission that she would instead file an appeal under Section 34(a)(3), the court disposed of the writ petition permitting the appeal without limitation bar, subject to remitting fair rent from 18.10.2023.

What did the court decide?

Liberty to appeal under Section 34(a)(3) within two weeks, taken on file without limitation, subject to remitting fair rent from 18.10.2023.

Shanthi. S Vs The Commissioner — Property and Title | Madras HC (2024)

¶1

W.P(MD).No.21822 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 03.10.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

¶6

W.P(MD).No.21822 of 2024 and W.M.P(MD).Nos.18455 & 18458 of 2024

S.Shanthi

... Petitioner

1. The Commissioner,

Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

¶12

2. The Joint Commissioner,

¶13

Hindu Religious and Charitable Endowment Department, Trichy District.

¶14

The Executive Officer, Arulmigu Pattabiramasamy Bajanaimadam, Sirugamani, Trichy District.

¶15

... Respondents

¶16

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned fixation of fair rent, dated 20.05.2024 and the consequential demand notice dated 03.07.2024 issued by the third respondent in respect of the land of an extent of 1996 sq.ft housing site in Survey No. 165 in Bajanaimadam Street, Pettavaithalai Village, Trichy District and quash the same and direct the respondents to conduct fresh consideration to fix the fair rent by give adequate opportunity of hearing to the petitioner.

¶17

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

¶18

1/5

¶19

W.P(MD).No.21822 of 2024

¶20

For Petitioner : Mr.M.Karthikeya Venkitachalapathy For R1 & R2 : Mr.K.S.Selvaganesan Additional Government Pleader For R3 : Mr.V.Chandrasekar

¶21

ORDER

¶22

The present writ petition is filed seeking to set aside the fixation of fair rent, dated 20.05.2024, the consequential demand notice, dated 03.07.2024 issued by the third respondent with regard to the land in S.No.165, Bajanaimadam Street, Pettavaithalai Village, Trichy District and to direct the respondents to fix a fair rent afresh.

¶23

2.After making brief submissions, it was submitted by the learned Counsel for the petitioner that the petitioner may be permitted to file an application under Section 34(a)(3) of Tamilnadu Hindu Religious & Charitable Endowment Act, after remitting the fair rent fixed from 18.10.2023 , which was not objected by the learned Counsels appearing for the respondents.

¶24

3.In view of the above, this writ petition is disposed of with liberty to

¶25

the petitioner to file an appeal within a period of two weeks, from the date of

¶26

https://www.mhc.tn.gov.in/judis 2/5

¶27

W.P(MD).No.21822 of 2024

¶28

receipt of a copy of this order, subject to paying fair rent fixed by the committee from 18.10.2023. If such an appeal is filed, the same shall be taken on file without reference to limitation subject to remitting the fair rent fixed from 18.10.2023 and the same shall be disposed of in accordance with law after affording reasonable opportunity of hearing to the petitioner and any other interested parties/stakeholders. No Costs. Consequently, the connected miscellaneous petitions are closed.

¶29

03.10.2024 (6/23)

¶30

Index : Yes / No Internet : Yes/ No lr

¶31

¶32

The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

¶33

The Joint Commissioner,

¶34

Hindu Religious and Charitable Endowment Department, Trichy District.

¶35

The Executive Officer, Arulmigu Pattabiramasamy Bajanaimadam, Sirugamani, Trichy District.

¶36

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

¶37

3/5

¶38

W.P(MD).No.21822 of 2024

¶39

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

¶40

4/5

¶41

W.P(MD).No.21822 of 2024

¶42

MOHAMMED SHAFFIQ, J.

¶43

¶44

W.P(MD).No.21822 of 2024

¶45

03.10.2024 (6/23)

¶46

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

¶47

5/5

Shanthi. S v. The Commissioner

Case brief

What is this about?

What did the court decide?

Shanthi. S v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sankar.v Vs The Commissioner

Sivasingh Vs The Joint Commissioner

M/s. Bharath Biologicals Vs The Assistant Commissioner of Cgst and Central Excise

Manivannan .S Vs The Commissioner

S.Saritha Vs The Commissioner

N.Sundarajan Vs The Commissioner