A.C.Vasudevan Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

A.C.Vasudevan Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of: the petitioner's statutory appeal under Section 34(A)(3) of the HR & CE Act, 1959 is to be taken up and considered by the first respondent on merits in accordance with law, subject to the petitioner depositing 50% of the total arrears within three weeks of receipt of a web-copy of the order; the appeal is thereafter to be disposed of within 12 weeks of receipt of the deposit. No order as to costs; connected miscellaneous petition closed.

Issue for consideration

Whether the revision of fair rent with effect from 01.07.2025 constitutes retrospective fixation. +2 more

Court's answer

The committee prospectively fixed the rent from 01.07.2025 when it took up the issue; such fixation cannot be said to be retrospective in this case.

Ratio / Principle

Questions of notice/opportunity and the quantum of rent are matters the petitioner can very well agitate in the statutory appeal.

Key takeaways

In view of the order having been passed in November 2025 and the petitioner having paid the earlier rent regularly, the appeal is to be taken up and considered by the first respondent on merits in accordance with law, on the condition that the petitioner deposits 50% of the total arrears within three weeks of receipt of a web-copy of the order.ratio¶31
Upon deposit of the condition amount, the petitioner's appeal is to be considered and disposed of in accordance with law within 12 weeks from the date of receipt of the deposit amount.ratio¶32

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 of the Constitution of India — tenant of temple premises (27,319 sq.ft.) — rent last revised in 2019 at Rs.11,385/- — committee revised rent to Rs.1,35,230/- with effect from 01.07.2025, fixed as fair rent by order dated 24.11.2025 — petitioner sought that his statutory appeal under Section 34(A)(3) of the HR & CE Act, 1959 (filed 12.12.2025) be taken on file and numbered without insisting on deposit of the disputed fair rent as pre-condition, and forbearance from giving effect to orders of fair rent fixation and eviction dated 24.11.2025 and 08.10.2025 — Held: fixation effective 01.07.2025 is prospective and cannot be said to be retrospective; grievances of absence of show-cause notice/opportunity and quantum are open to be agitated in the appeal — appeal directed to be taken up and considered by the first respondent on merits in accordance with law on condition of deposit of 50% of total arrears within three weeks, and to be disposed of within 12 weeks of receipt of the deposit — no order as to costs; connected miscellaneous petition closed.

W.P.No.3252 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2026

CORAM :

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.3252 of 2026 and W.M.P.No.3678 of 2026

A.C.Vasudevan

.. Petitioner

Versus

The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, A/M, Thiripura Sundari Sametha Sri Devendra Easwarar Temple, Vellore, Vellore District.

The Executive Officer, A/M, Thiripura Sundari Sametha Sri Devendra Easwarar Temple, Pinchi, Walaja Taluk, Ranipet District.

.. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the first respondent, the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai to take on file N.Dis.No.2282923/2025...D2, dated 18.12.2025

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W.P.No.3252 of 2026

filed on 12.12.2025 and number the statutory appeal filed by the petitioner under Section 34(A)(3) of the HR & CE Act, 1959, without insisting upon deposit of the disputed fair rent amount as a pre-condition and consequently, forbear the respondents from giving effect to the impugned orders of fair rent fixation and eviction, dated 08.10.2025 and 24.11.2025 respectively, pending disposal of the said statutory appeal.

For Petitioner : Mr.P.Kandasamy

For Respondents : Mr.S.Ravi Chandran, Additional Government Pleader

ORDER

This Writ Petition is filed with a prayer to number the statutory appeal filed by the petitioner under Section 34(A)(3) of the HR and CE Act, 1959 without insisting upon the deposit of the disputed fair rent amount as a pre-condition and consequently, forbearing the respondents from giving effect to the impugned orders of fair rent.

Upon hearing the learned Counsel for the petitioner and

perusing the material records of the case, it can be seen that the petitioner is a tenant in respect of an extent of 27,319 Sq.ft. The rent was last revised in the year 2019 as Rs.11,385/- which is being paid by the petitioner. Now,

the committee had revised the rent with effect from 01.07.2025 as

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W.P.No.3252 of 2026

Rs.1,35,230/- which was fixed as a fair rent by the order, dated 24.11.2025. The petitioner prays that his appeal, as against the said order, to be taken on merits without insisting on the pre-deposit. However, on consideration, the case of the petitioner is that he was not issued with a show-cause notice and was not afforded an opportunity even before the committee or by the Executive Officer at the time of fixation of fair rent. Secondly, it cannot be retrospectively decided.

As far as a question of retrospective is concerned, the

Committee, when it took up the issue, it has prospectively fixed from 01.07.2025, as such fixation cannot be said as retrospective in this case. As far as the notice and the other quantum is concerned, the petitioner can very well agitate in the appeal. Considering the fact that the order itself was passed in the month of November, 2025 and the fact that the petitioner was paying the earlier rent regularly, let the appeal of the petitioner be taken up and considered by the first respondent on merits in accordance with law on a condition that the petitioner deposits 50% of the total arrears within a period of three weeks from the date of receipt of a web-copy of

the order. Upon deposit of the amount, let the appeal of the petitioner be considered and disposed of in accordance with law within a period of 12 3/5

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W.P.No.3252 of 2026

weeks from the date of receipt of the deposit amount from the petitioner.

Accordingly, this Writ Petition is disposed of. There shall be

no order as to costs. Consequently, connected miscellaneous petition is closed.

02.02.2026

Neutral Citation : no grs

To

The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, A/M, Thiripura Sundari Sametha Sri Devendra Easwarar Temple, Vellore, Vellore District.

The Executive Officer, A/M, Thiripura Sundari Sametha Sri Devendra Easwarar Temple, Pinchi, Walaja Taluk, Ranipet District.

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W.P.No.3252 of 2026

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.3252 of 2026 and W.M.P.No.3678 of 2026

02.02.2026

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