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WP No. 2622 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

WP No. 2622 of 2026

Muthumadeswari

Petitioner(s)

Vs

1. The Commissioner

Hindu Religious and Charitable Endowment Department,

119, Uthamar Ganthi Road,

Nungambakkam, Chennai.

2. The Joint Commissioner,

Hindu Religious and Charitable Endowment Department,

Erode District.

3.The Assistant Commissioner

Hindu Religious and Charitable Endowment Department,

Namakkal District.

4.The Executive Officer

Arulmigu Anjineyar Temple,

Appurayar Sathiram,

Kumarapalayam, Agraharam Namakkal 638 183.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for

issuance of a writ of mandamus, directing the respondent No.2 to pass the rent

fixation order in view of G.O.(Ms) No.298 dated 20.07.2010 issued by the

Tamil Development, Religious Endowments and Information Department by

considering the petitioner’s reply dated 23.06.2025 within a stipulated timeline

fixed by this Court.

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For Petitioner(s): Mr.P.Vetrivel

For Respondents: Mr.S.Ravichandran

Special Government Pleader

ORDER

Mr.S.Ravichandran, learned Special Government Pleader, takes notice on

behalf of the respondents.

2. This Writ Petition is being disposed of at the stage of admission itself

with the consent of the learned counsel for the petitioner and the learned Special

Government Pleader for the respondents.

3. This writ petition is filed for writ of mandamus, directing the

respondents to pass the rent fixation order as per G.O.(Ms) No.298 dated

20.07.2010 issued by the Tamil Development, Religious Endowments and

Information Department by considering the petitioner’s reply dated 23.06.2025

within the stipulated time.

4. Upon hearing the learned counsel for the petitioner and perusing the

affidavit filed in support of this writ petition and other material records of the

case, the grievance of the petitioner is that the petitioner was originally a tenant

and was paying Rs.54/- as rent upto the year 1995. Thereafter, according to the

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WP No. 2622 of 2026

petitioner, the temple was not properly collecting the rent. Earlier when they

were directed to calculate the arrears, though they calculated the same as

Rs.2,93,520/-, no appropriate orders was passed. In the meanwhile, the temple

is proceeding to treat the petitioner, as if the petitioner is an encroacher and an

order of eviction is also passed in M.P.No.8 of 2023. Therefore, the respondents

are only to be directed to fix the rent and regularise the tenancy and the

petitioner cannot be evicted from the property.

5. Per contra, the learned Special Government Pleader appearing for the

respondents would submit that the petitioner never paid any rent after 1995,

even after the calculation and fixation was made. Therefore, the petitioner was

treated as an encroacher and due orders of eviction has also been passed.

6. I have considered the rival submissions made by the learned counsel on

either side and perused the material records of the case. When an order of

eviction is passed in M.P.No.8 of 2023, it is for the petitioner to file a revision

in the manner known to law and contest the order of eviction. In the

meanwhile, if the petitioner wants to regularise the tenancy, the petitioner shall

deposit 50% of the arrears, as determined earlier, that is, 50% of the sum of

Rs.2,93,520/-, and it is open to the petitioner to make a representation to the

Commissioner/first respondent (HR & CE) by duly enclosing the receipt. As

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WP No. 2622 of 2026

and when such representation is received by the Commissioner along with the

proof of payment for 50% of Rs.2,93,520/-, the Commissioner/first respondent

shall consider such representation, including the quantum of rent fixed. If the

Commissi