Madras High Court
S.Iyemperumal vs The Commissioner on 11 June, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD)No.14703 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD)No.14703 of 2025
and
W.M.P.(MD)Nos.10942, 10944 and 10948 of 2025
S.Iyemperumal ... Petitioner
-vs-
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Chennai - 34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Palayamkottai, Tirunelveli - 627 002.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Tirunelveli.
4.The Executive Officer,
Arulmigu Soundara Pandeeswarar Temple,
Melakaruvelankulam, Nanguneri Taluk,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorari, calling for the records relating to the impugned
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W.P.(MD)No.14703 of 2025
proceeding in M.P.No.121 of 2023 dated 12.05.2025 of the second respondent
and quash the same.
For Petitioner : Mr.J.Anandkumar
For R1 to R3 : Mr.SS.Madhavan
Additional Government Pleader
For R4 : Mr.VR.Shanmuganathan
Standing Counsel
ORDER
This Writ Petition has been filed seeking to quash the impugned proceeding
of the second respondent in M.P.No.121 of 2023, dated 12.05.2025.
2. This is the fourth round of litigation before this Court. The petitioner
claims to be a lessee/tenant of the fourth respondent temple since 1987. The
petitioner had earlier challenged demand notices dated 04.02.2020 and
26.04.2021, through which rent was demanded for the past period. This was
challenged in W.P.(MD) No.2870 of 2022, which was disposed of on 14.02.2022
with the following directions:-
”8. Considering the above, the impugned order directing the
petitioner to vacate the premises is quashed and the case is remitted back____________
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W.P.(MD)No.14703 of 2025to the third respondent to exercise the jurisdiction under Section 34-A (2)
of the HR&CE Act and pass appropriate orders on merits and in
accordance with law within a period of four weeks from the date of
receipt of copy of this order. It is needless to state before passing any
such order, the petitioner also be heard. The Writ Petition stands
disposed of. No costs. Consequently, the connected Miscellaneous
Petition is closed.”
3. The above order was passed by this Court following the decision of the
Division Bench in Angala Parameswari and Kasivishwanathaswami Temple,
Adimanaiveal House Owners Association vs. The Secretary, Hindu Religious
and Charitable Endowment Department and others, reported in 2009 (3) L.W.
728. Pursuant to that order, the petitioner was served with a notice dated
29.11.2022, calling upon him to respond to the fair rent calculation. The
petitioner responded on 07.12.2022. However, the petitioner’s representation
dated 07.12.2022, addressed to the fourth respondent, has not been disposed of.
Instead, the Assistant Commissioner, H.R. & C.E., along with the fourth
respondent, initiated proceedings against the petitioner in M.P. No.121 of 2023,
under Section 78(1)(b) of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 (hereinafter referred to as ”the H.R. & C.E. Act”), treating
the petitioner as an encroacher of the property.
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W.P.(MD)No.14703 of 2025
4. In this background, the petitioner approached this Court in W.P.(MD)
No.24903 of 2024 for fixation of fair rent. The petitioner agreed to pay fair rent at
the rate of Rs.16,500/- per month from 29.11.2022 onwards. Recording the same,
the Writ Petition was closed on 22.10.2024.
5. Subsequently, another writ petition was filed by the petitioner in W.P.
(MD) No.249 of 2025. In that petition, the petitioner sought a direction to forbear
respondents 2 and 4 from installing a temporary iron gate compound wall
pursuant to the Executive Officer’s (fourth respondent’s) resolution dated
30.12.2013 and further sought a direction to issue a No Objection Certificate to
obtain electricity service connection in the name of the Temple. The said Writ
Petition was disposed of on 07.01.2025, directing the second respondent to
consider the Section 78 proceedings, which were pending.
6. The petitioner now confronts a fresh demand for a sum of
Rs.16,74,000/-, after deducting Rs.3,79,500/- already paid on 21.11.2024. The
demand of Rs.16,74,000/- pertains to the period from 01.07.2016 to 30.09.2024,
as detailed below:
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W.P.(MD)No.14703 of 2025Period Rent Total
[per month]
01.07.2016 – 30.06.2017 15000 180000
01.07.2017 – 30.06.2018 15000 180000
01.07.2018 – 30.06.2019 15000 180000
01.07.2019 – 30.06.2020 18000 216000
01.07.2020 – 30.06.2021 18000 216000
01.07.2021 – 30.06.2022 18000 216000
01.07.2022 – 30.06.2023 18000 216000
01.07.2023 – 30.06.2024 18000 216000
01.07.2024 – 30.09.2024 18000 54000
Total Amount 1674000
7. It is the petitioner’s case that the impugned order is per se illegal and
without jurisdiction, as the process mandated by the Division Bench of this Court
in Angala Parameswari’s case [cited supra] has not culminated in a final fair
rent determination.
8. The Writ Petition is opposed by the respondents on the ground that the
petitioner has an alternate remedy under Section 21 of the H.R. & C.E. Act before
the Commissioner and therefore, the writ petition deserves to be dismissed.
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W.P.(MD)No.14703 of 2025
9. It is further submitted that the petitioner is in arrears of a substantial
amount towards fair rent, causing financial hardship to the temple, whose primary
income is derived from leased lands. It is also submitted that the petitioner has
neither paid the demanded fair rent nor complied with the procedures outlined by
the Division Bench of this Court in the Angala Parameswari’s case [cited
supra].
10. The learned counsel for the fourth respondent Temple further submits
that in the representation dated 07.12.2022, the petitioner stated his willingness to
pay arrears at Rs.14,400/-, but has not paid that amount till date. Although the
petitioner agreed to pay Rs.16,500/- per month from 29.11.2022, as recorded in
the order dated 22.10.2024 in W.P.(MD)No.24903 of 2024, he has not complied
with the same.
11. Having considered the submissions of the learned counsel for the
petitioner, the learned counsel for the fourth respondent Temple and the learned
Special Government Pleader for the H.R. & C.E. Department, this Court is
inclined to pass the following order:-
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W.P.(MD)No.14703 of 2025
(i) The petitioner shall pay the admitted arrears of
Rs.14,400/- per month, as undertaken in the representation dated
07.12.2022, for the period prior to 29.11.2022. The amount shall
be calculated and paid to the fourth respondent Temple within
four weeks from today.
(ii) Since the exercise mandated by the order dated
14.02.2022 [in terms of the decision of the Division Bench of
this Court in Angala Parameswari’s cae [cited supra]] has not yet
concluded, fair rent shall be determined under Section 34-A of
the H.R. & C.E. Act, in line with the said Division Bench
judgment. This process shall be completed as expeditiously as
possible, preferably within a period six weeks from the date of
receipt of a copy of this order. It is made clear that the petitioner
shall pay the fair rent once it is approved by the Committee
constituted in terms of the decision of the Division Bench of this
Court in Angala Parameswari’s case [cited supra]. In the event
of default, the respondents are at liberty to proceed in accordance
with the impugned order.
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W.P.(MD)No.14703 of 2025
12. The Writ Petition stands disposed of with the above observations. No
costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 11.06.2025
Index : Yes / No
smn2
To:-
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Chennai – 34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Palayamkottai, Tirunelveli – 627 002.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Tirunelveli.
4.The Executive Officer,
Arulmigu Soundara Pandeeswarar Temple,
Melakaruvelankulam, Nanguneri Taluk,
Tirunelveli District.
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W.P.(MD)No.14703 of 2025
C.SARAVANAN, J.
smn2
W.P.(MD)No.14703 of 2025
11.06.2025
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