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Hrnc kovil land case full order of W.P.No.12396 of 2019 R.SURESH KUMAR, J.

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    W.P.No.12396 of 2019

R.SURESH KUMAR, J.

The land to the extent of 46 cents at survey No.174/4B at Mecheri, Salem District, belongs to the 10th respondent temple has been leased out to the 9th respondent Town Panchayat for having the bus stand some years back.

  1. Initially a very meager rent has been fixed by the temple. Subsequently, under Section 34A of the H.R. & C.E. Act, a revised rent has been fixed per month with effect from 2008 -2009 and the revised rent with arrear payable by the 9th respondent to the 10th respondent temple has been communicated by the order of the 10th respondent temple dated 09.09.2018, which reads thus:

@jh’;fs; gryp 1418?ypUe;J gryp

1426 tiu gryp 1f;F U:/5000-? tpjk; U:/50000-? brYj;jpa[s;sPh;fs;/ vdnt ,jpy; tUk; kPjKs;s ghf;fpj; bjhif gryp 1418 ghf;fp U:/750-? kw;Wk; gryp 1419 Kjy; 1426 Koa Mf TLjy; U:/46825-? jpUf;nfhapYf;F brYj;jg;gl ntz;o ,Ue;jJ/ jw;nghJ. ghh;itapy; fhzqk; tifapy; rl;lg;gphpt[ 34(v)d; go thlif eph;zak; bra;ag;gl;L ngU:uhlr;pf;F

30/08/2018?y; fojk; mDg;gg;gl;Ls;sJ/ mjd; tpguk; fPH;fz;lthW.

01/07/2016 Kjy; khjk; 1f;F

eph;zak; bra;ag;gl;l thlif U:/50000

31/08/2018 tiu 26 khj’;fSf;F (26X50000)

U:/13.00.000-?

30/06/2016 tiu epYitj;bjhif

U:/39.167-?

bkhj;jk epYitj;bjhif    U:/13.39.167-?

nkw;go epYitj;bjhif

U:/13.39.167-? (U:gha; gjpK:d;W ,yl;rj;J

Kg;gj;jp xd;gjhapuj;J E}ww;p mWgj;jp VG kl;Lk;) cldoahf brYj;jp ,urPJ bgw;Wf;bfhs;SkhW md;g[ld; nfl;Lf;bfhs;sg;gLfpwJ/ jtWk; gl;rj;jpy; ,e;J rka mwf;bfhilfs; rl;lg;gphpt[

78.79d; fPH; eltof;if nkw;bfhs;s chpa Kd;bkhHpt[fs; nryk; ,e;J rka mwepiyaj;Jiw cjtp MizaUf;F mDg;gg;gLk; vd;gij ,Wjpahf ,jd;

K:yk; bjhptpj;Jf;bfhs;sg;gLfpwJ/@

  1. Despite this order been passed and demand has been made bythe 10th respondent temple for paying the rend as revised and fixed, it seems that the 9th respondent has not come forward to pay the said rent including the arrear.
  2. Thereafter also, even till date, the said arrears of rent as well as the current rent have not been paid by the 9th
  3. Therefore only in that circumstances in the year 2019, the

petitioner has moved this writ petition as one of the devotee of the 10th respondent temple to collect the rental due payable by the 9th respondent, otherwise to retrieve the land belongs to the temple and to administer the same in accordance with law.

  1. When this writ petition is taken up for hearing Mr.Govindasamy, learned Standing Counsel appearing for the 9th respondent Town Panchayat, on instructions, would submit that, as against the order passed by the temple authorities fixing the monthly rent payable by the 9th respondent, the 9th respondent claimed to have preferred an appeal before the Appellate Authority and the said appeal is

still pending.  Therefore, as of now as per the rent fixation order, the 10th respondent temple cannot claim the rental due from the 9th respondent, he contended.

  1. However Mr.R.Marudhachalamurthy, learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the 10th respondent Temple would submit that, it was the arrear as on 09.09.2018, Rs.13,39,167/- and thereafter, the arrear payable by the 9th respondent mounted further and as of now it may be more than 20 lakhs of rupees, out of which, nothing has been paid by the 9th respondent as continuously they are evading to make the payment. Therefore a suitable direction can be issued to the 9th respondent to immediately pay the rental arrear, otherwise permission may be granted to the Temple as well as the H.R & C.E. Department to declare the 9th respondent as a defaulter, consequently to treat him as an encroacher and take proceedings against the 9th respondent within the meaning of Section 78 of Hindu Religious and Charitable Endowment Act,1959.
  2. I have considered the submissions made by the learned counselfor the parties and have perused the materials placed before this Court.

 

  1. Apart from various issues, which are to be resolved in this writ petition between the 9th respondent and the 10th respondent temple, it is the fact that on 09.09.2018, the temple has sent a communication cum demand to the 9th respondent to make the payment of the rental arrears to the extent of Rs.13,39,167/- and since the said amount has not been paid and subsequent rental arrears also is mounting to the extent of more thatn Rs.10 to Rs.15 lakhs approximately, this Court is of the view that, atleast the demanded amount of Rs.13,39,167/- as on 09.09.2018 can be immediately paid by the 9th
  2. The reason being that, in the land in question, the 9th respondent is running a Bus Stand, where shops have been built and those shops have been given for lease to various individuals, from whom, the 9th respondent Town Panchayat is getting considerable revenue every

month. When that being the position, not paying the rent to the 10th respondent temple, who is the owner of the land, is not only untenable, but also, unlawful and it may be construed as an unjust enrichment on the part of the 9th respondent. Therefore, this Court has no hesitation to pass an interim order to the following effect:-

  • That there shall be a direction to the 9th respondent Town Panchayat to pay a sum of Rs.13,39,167/- to the 10th respondent Temple within a period of two weeks from the date of receipt of a copy of this order.
  1. The aforesaid payment shall be made without prejudice to the rights and contentions of both the parties including the issue raised by the 9th respondent in the appeal, which they have claimed to have been preferred against the rental fixation order passed by the 10th respondent Temple. It is made clear that, within the time frame, if the amount indicated above is not paid by the 9th respondent, further orders would be passed by this Court treating the 9th respondent’s occupation in the land in question as an encroachment and in that regard, the H.R & C.E Department/Temple would be permitted to initiate proceedings against the 9th respondent under Section 78 of the H.R.& C.E Act.
  2. For filing the compliance report about the aforesaid order, post the matter on 02.02.2022.

12.01.2022

mp/cse

R.SURESH KUMAR.J.

mp/cse W.P.No.12396 of 2019

12.01.2022

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