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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, SHAMIM AHMED
A. Rajakumari – Appellant
Versus
Joint Commissioner, Zonal II, HR & CE Department, Mylapore – Respondent
JUDGMENT :
R. SURESH KUMAR, J.
1. This intra-Court appeal has been directed against the order passed by the Writ Court dated 05.08.2025 made in W.P.No.28957 of 2025.
2. There is a Temple called the Arulmigu Ekambareswara Thirukoil, Aminjikarai, Chennai-29, which is administered by the Hindu Religious and Charitable Endowments [For brevity, hereinafter referred as “the HR & CE”] Department. There has been an Executive Officer and hierarchy of Officials like the Commissioner, the Joint Commissioner, Deputy Commissioner and Assistant Commissioner of the HR & CE Department supervising such administration. The property in question belongs to the Temple. It is claimed to have been let-in by the Temple to the appellants/writ petitioners for ground rent several years back.
3. It is the claim of the appellants/writ petitioners that, since 1974, they have been enjoying the property, where, a pakka multistorey commercial complex had been constructed and out of such commercial complex, several lakhs, if not crores of rupees, is being earned by the appellants/writ petitioners by way of rent.
4. However, it seems that, this appellants/writ petitioners have not paid any rent to the Temple Authorities
The HR & CE Department has jurisdiction to enforce rent collection from property tenants, and appellants’ claims of ownership without evidence fail to substantiate their appeal.
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