Disposed

N.Sundarajan v. The Commissioner

Madras HC3 Oct 2024WP(MD)/21834/2024

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a writ petition challenging fixed fair rent for temple land. The Court exercised discretion to dispose of the petition but granted liberty to the petitioner to file a revision application under Section 34(a)(3) of the Hindu Religious Charitable Endowment Act, subject to remitting the rent fixed from October 18, 2023.

What did the court decide?

Petition disposed; liberty granted to file appeal under Section 34(a)(3) TNRCE Act subject to remitting fair rent fixed from 18.10.2023.

N.Sundarajan Vs The Commissioner — Pension and Retirement Benefits | Madras HC (2024)

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W.P(MD).No.21834 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.10.2024

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P(MD).No.21834 of 2024 and W.M.P(MD).Nos.18471 & 18473 of 2024

N.Sundarajan

... Petitioner

1. The Commissioner,

Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

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2. The Joint Commissioner,

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Hindu Religious and Charitable Endowment Department, Trichy District.

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

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... Respondents

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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 10.07.2024 issued by the third respondent in respect of the land of an extent of 521 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.

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

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W.P(MD).No.21834 of 2024

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

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ORDER

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The present writ petition is filed seeking to set aside the fixation of fair rent, dated 20.05.2024, the consequential demand notice, dated 10.07.2024 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.

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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.

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

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

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

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W.P(MD).No.21834 of 2024

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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.

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03.10.2024

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(18/23)

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Index : Yes / No Internet : Yes/ No lr

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The Commissioner,

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Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

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The Joint Commissioner,

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Hindu Religious and Charitable Endowment Department, Trichy District.

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

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

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W.P(MD).No.21834 of 2024

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MOHAMMED SHAFFIQ, J.

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W.P(MD).No.21834 of 2024

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03.10.2024 (18/23)

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

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N.Sundarajan v. The Commissioner

Case brief

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N.Sundarajan v. The Commissioner

Case brief

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