R.Deivanai vs The Commissioner,
- Court
- Madras High Court
WP No. 43473 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-10-2026
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
WP Nos. 43473, 43474, 43479 & 43481 of 2026
CNR:{HCMA012562392026}
WP No. 43473 of 2026
R.Deivanai
Petitioner(s)
WP No. 43474 of 2026
CNR:{HCMA012562402026}
D.Selvam
Petitioner(s)
WP No. 43481 of 2026
CNR:{HCMA012562422026}
D.Rajini
Petitioner(s)
WP No. 43479 of 2026
CNR:{HCMA012562412026}
D.Babu
Petitioner(s)
Vs
1. The Commissioner,
Hindu Religious and Charitable
Endowments Department, Chennai.
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WP No. 43473 of 2026
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Thiruvallur District.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department, Thiruvallur.
4.The Inspector,
Hindu Religious and Charitable
Endowments Department, Uthukottai,
Thiruvallur District.
5.The Executive Officer,
Arulmigu Venugopalaswamy Temple,
Maduravasal Village, Uthukottai Taluk,
Thiruvallur District.
Respondents in all cases
WP No. 43473 of 2026
PRAYER
Calling for the records relating to the fair-rent fixation notice dated 07.10.2026
issued by the fourth respondent in connection with the proceedings in
Se.Mu.Mu.No.1792/2026/E1 dated 23.07.2026 issued by the 2nd respondent in
respect of the petitioner’s residential premises situated in Survey No.181,
Maduravasal Village, Uthukottai Taluk, Thiruvallur District, quash the same
insofar as the impugned fixation and consequential demand are concerned and
consequently direct the respondents to reconsider and refix the fair rent payable
for the temple land alone, in accordance with the applicable statutory provisions
and the principles laid down by the Honble High Court, without including the
residential structure constructed by the petitioner, after reconsidering the
retrospective calculation, giving credit for the advance of Rs.25,000 already
paid, furnishing the relevant valuation particulars and affording the petitioner a
reasonable opportunity of prior notice and hearing.
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WP No. 43473 of 2026
WP No. 43474 of 2026
PRAYER
Calling for the records relating to the fair-rent fixation notice dated 07.10.2026
issued by the fourth respondent in connection with the proceedings in
Se.Mu.Mu.No.1792/2026/E1 dated 23.07.2026 issued by the 2nd respondent in
respect of the petitioner’s residential premises situated in survey no.181,
Maduravasal Village, Uthukottai Taluk, Thiruvallur District, quash the same
insofar as the impugned fixation and consequential demand are concerned and
consequently direct the respondents to reconsider and refix the fair rent payable
for the temple land alone, in accordance with the applicable statutory provisions
and the principles laid down by the Hon'ble High Court, without including the
residential structure constructed by the petitioner, after reconsidering the
retrospective calculation, giving credit for the advance of Rs.25,000 already
paid, furnishing the relevant valuation particulars and affording the petitioner a
reasonable opportunity of prior notice and hearing.
WP No. 43481 of 2026
PRAYER
Calling for the records relating to the fair-rent fixation notice dated 07.10.2026
issued by the fourth respondent in connection with the proceedings in
Se.Mu.Mu.No.1792/2026/E1 dated 23.07.2026 issued by the 2nd respondent in
respect of the petitioner’s residential premises situated in Survey No.181,
Maduravasal Village, Uthukottai Taluk, Thiruvallur District, quash the same
insofar as the impugned fixation and consequential demand are concerned and
consequently direct the respondents to reconsider and refix the fair rent payable
for the temple land alone, in accordance with the applicable statutory provisions
and the principles laid down by the Hon'ble High Court, without including the
residential structure constructed by the petitioner, after reconsidering the
retrospective calculation, giving credit for the advance of Rs.25,000 already
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 05:15:41 pm )
WP No. 43473 of 2026
paid, furnishing the relevant valuation particulars and affording the petitioner a
reasonable opportunity of prior notice and hearing.
WP No. 43479 of 2026
PRAYER
Calling for the records relating to the fair-rent fixation notice dated 07.10.2026
issued by the fourth respondent in connection with the proceedings in
Se.Mu.Mu.No.1792/2026/E1 dated 23.07.2026 issued by the 2nd respondent in
respect of the petitioner’s residential premises situated in Survey No.181,
Maduravasal Village, Uthukottai Taluk, Thiruvallur District, quash the same
insofar as the impugned fixation and consequential demand are concerned and
consequently direct the respondents to reconsider and refix the fair rent payable
for the temple land alone, in accordance with the applicable statutory provisions
and the principles laid down by the Hon'ble High Court, without including the
residential structure constructed by the petitioner, after reconsidering the
retrospective calculation, giving credit for the advance of Rs.25,000 already
paid, furnishing the relevant valuation particulars and affording the petitioner a
reasonable opportunity of prior notice and hearing.
For Petitioner(s): Mr.S.C.Pratheep Ashok Kumar
For Respondent(s): Mr.Veerabathiran,
Govt Advocate for (HR and CE)
ORDER
All the four writ petitioners are tenants. They are aggrieved by the notice
issued by the fourth respondent calling upon the petitioners to pay the fair rent
that has been fixed in terms of Section 34A of the Hindu Religious and
Charitable Endowments Act.
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WP No. 43473 of 2026
2.It is the grievance of the petitioners that the order fixing fair rent came
to be passed without putting them on notice and that too, while proceedings are
pending before the Commissioner/first respondent in R.P. Nos.353 to 358 of
2023.
3.A perusal of the impugned notice shows that it has been issued only
consequent to the order fixing the fair rent. The order fixing the fair rent has not
been challenged so far.
4.Insofar as the proceedings in R.P. Nos.353 to 358 of 2023 are
concerned, they are revisions challenging the orders of eviction under Section
78 of the Act.
5.I am not aware of any law which states that a challenge to an order of
eviction operates as a challenge to the order of fixation of fair rent. The revision
challenging the consequential order without challenging the main order is not
tenable. However, the petitioners cannot be left without any remedy.
6.The petitioners are granted four weeks time to challenge the order
passed under Section 34A of the Act fixing the fair rent. If an appeal is filed
invoking Section 34A(3) of the Act within a period of four weeks, the first
respondent shall number the same without insisting on limitation.
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WP No. 43473 of 2026
7.With the above observations, these writ petitions stand disposed of.
Consequently, connected WMPs are closed. No costs.
23-10-2026
vga
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WP No. 43473 of 2026
To
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department, Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Thiruvallur District.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department, Thiruvallur.
4.The Inspector,
Hindu Religious and Charitable
Endowments Department, Uthukottai,
Thiruvallur District.
5.The Executive Officer,
Arulmigu Venugopalaswamy Temple,
Maduravasal Village, Uthukottai Taluk,
Thiruvallur District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 05:15:41 pm )
WP No. 43473 of 2026
V.LAKSHMINARAYANAN J.
vga
WP Nos.43473, 43474,
43479 & 43481 of 2026
23-10-2026
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