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W.P.No.2340 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:30.01.2026

Coram

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.2340 of 2026

Jinoth Kumar,

S/o Late R.Samath,

146A, Karungalpatti Main Road,

Salem 636 006. .. Petitioner

/versus/

1.The Commissioner,

Hindu Religious and Charitable Endowment Department,

Government of Tamil Nadu.

2.The Joint Commissioner,

Hindu Religious and Charitable Endowment Department,

Salem.

3.The Executive Engineer,

Arulmigu Sathi Vinayagar Temple,

Karungalpatti, Salem District. .. Respondents

Writ Petition has been filed under Article 226 of the Constitution of India praying

to issue a Writ of Certiorarified Mandamus to call for the records relating to the

impugned order of the 3^rd respondent herein made in Temple Office Letter No.1/2020

dated 01.02.2021, quash the same and consequently, direct the respondents to fix the fair

rent as per the Tamil Nadu Hindu Religious and Charitable Endowment Act and Rules

within a time frame fixed by this Hon’ble Court.

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W.P.No.2340 of 2026

For Petitioner :Mr.B.Bharath Kumar

for M/s KV Law Firm

For Respondents :Mr.K.Karthikeyan, GA

HR & CE for R1 to R3

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ORDER

The Writ Petition is filed for a Writ of Certiorarified Mandamus calling for the

records relating to the impugned order, dated 01.02.2021 and quash the same and

consequently, direct the respondents to fix the fair rent in respect of the petitioner’s

shop.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the

material records of the case, the case of the petitioner is that the petitioner is running a

small betel nut and banana leaf shop in the premises for the past 20 years and was

originally paying the lease rent without default. However, in the year 2021 they

determined the monthly rent as Rs.1910/- per month and also sought arrears of

Rs.82,904/-. When the petitioner was not able to pay the same, thereafter a show cause

notice was given for initiation of eviction proceedings. The petitioner has been

requesting for fixation of fair rent which is not being done by the respondents and

therefore, this writ petition is filed for the aforesaid prayer.

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W.P.No.2340 of 2026

3. Per contra, the learned Government Advocate would submit that as on date, the

total arrears of rent is Rs.1,80,594/-. If the petitioner is aggrieved of the order dated

01.02.2021, the petitioner should have filed an appeal by depositing the entire arrears

within a period of one month, from the date of the said order. The petitioner neither

filed an appeal for the past 5 years nor paid any arrears and therefore, he is not entitled

for any relief. He has subsequently paid only minimum amount of Rs.15,000/-.

4. After considering the argument of the learned Government Advocate, when this

Court enquired, whether the petitioner would deposit the entire arrears, the learned

counsel for the petitioner would submit that he will deposit 50% of the arrears amount.

5. Considering the nature of shop, that is being run by the petitioner and the

overall facts and circumstances of the case, only in the peculiar circumstances, this Writ

Petition is disposed of on the following terms.

(i)The petitioner is entitled to file an appeal as against the order dated 01.02.2021

within a period of 30 days, after depositing the entire arrears, which has not been done

so far. Time is extended by two weeks from the date of receipt of a web copy of the

order.

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W.P.No.2340 of 2026

(ii) If the petitioner files an appeal, after depositing a sum of Rs.82,904/-, as per

order dated 01.02.2021, the appeal shall be treated as in time and the first respondent

shall consider the appeal in the manner known to law and on its own merits and pass a

final order thereof within a period of 12 weeks from the date of filing of the appeal.

(iii)If the p