BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/01/2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and WMP(MD)Nos.1429 and 1430 of 2026

1. V.Vignesh

2. S.Muthulakshmi

3. V.Rathinam ... Petitioners Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul District.

3. Arulmigu Sennimalai Thambiran Swami Madam, Represented by Thakkar / The Joint Commissioner, Arulmigu Dhandayuthapani Swami Temple, Palani, Hindu Religious and Charitable Endowments Department, Palani, Dindigul District-624 601.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direction to the 2^nd respondent to dispose of the petitioner's Application dated 08.12.2025 on the file of the 2^nd respondent to fix fair rent for occupation of site alone in accordance with G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998 and G.O.Ms.No.353 of 1999 (Tamil Development and Culture, Hindu Religious Department), dated 04.06.1999 and in terms of Section 34 of Hindu Religious and Charitable Endowments Act, 1959 and consequently to direct the 3^rd respondent not to initiate any coercive action against the petitioner until disposal of the Application dated 08.12.2025.

For Petitioners : Mr.A.Muthuprakash For R1 & R2 : Mr.K.Balasubramani Special Government Pleader For R3 : Mr.R.Murali

ORDER

WMP(MD)No.1429 of 2026 filed to permit the petitioners to join together and file a single writ petition is allowed.

2. The prayer in this writ petition is to issue a Writ of Mandamus, directing the 2^nd respondent to dispose of the petitioners' Application dated 08.12.2025 on the file of the 2^nd respondent to fix fair rent for occupation of site alone in accordance with G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998 and G.O.Ms.No.353 of 1999 (Tamil Development and Culture, Hindu Religious Department), dated 04.06.1999 and in terms of Section 34 of Hindu Religious and Charitable Endowments Act, 1959 and consequently to direct the 3^rd respondent not to initiate any coercive action against the petitioners until disposal of the Application dated

08.12.2025.

3. Learned counsel for the petitioners would submit that the petitioners are in occupation of the premises to an extent of 960 square feet, at Door No.156, Dindigul Road, Palani, belongs to the 3^rd respondent Mutt under the lease deed dated 25.03.2005 on a monthly rent of Rs.300/- subsequently revised to Rs.600/-. While so, the 3^rd respondent issued a demand notice dated 24.11.2025 alleging the petitioners' occupation as unauthorised encroachment and demanded Rs.1,16,535/- per month towards damages. According to the petitioners, without providing reasonable opportunity of hearing and without referring the matter to the fair rent committee for fixation of fair rent as per G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998 and G.O.Ms.No.353 of 1999 (Tamil Development and Culture, Hindu Religious Department), dated 04.06.1999 and in terms of Section 34 of Hindu Religious and Charitable Endowments Act, 1959, the 3^rd respondent issued the abovesaid demand notice. Hence, challenging the said notice, the petitioners filed a petition under Section 34-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to stay the opeartion of the notice dated 24.11.2025; to constitute fair rent fixation committee under Section 34-A(1) of the Act; to recognise and register the petitioners as lawful tenants of the subject premises and to direct execution of fresh lease deed at fair rent so fixed.

4. Learned counsel for the petitioners would further submit that the petitioners paid the rent upto October 2025 at the rate of Rs.600/- per month and thereafter the respondents refused to receive the rent. Therefor