1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)Nos.7848 to 7856 of 2011 and M.P(MD)Nos.1 of 2011 (in all petitions) 1.K.Mahalingam ...Petitioner in WP.No.7848/2011 2.V.Mahesh ...Petitioner in WP.No.7849/2011 3.K.Mahalingam ...Petitioner in WP.No.7850/2011 4.C.Surendrakumar ...Petitioner in WP.No.7851/2011 5.B.Mohan ...Petitioner in WP.No.7852/2011 6.R.Geetha ...Petitioner in WP.No.7853/2011 7.A.Ravi ...Petitioner in WP.No.7854/2011 8.V.Saravanan ...Petitioner in WP.No.7855/2011 9.C.Surendrakumar ...Petitioner in WP.No.7856/2011 Vs. 1.The Commissioner, Hindu Religious and Charitable Endowment, The Administration Department, Chennai – 34. 2.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai. 3.The Fit Person (Thakkar), Arulmigu Santhakula Sowmiya Narayana Kavaraya Trust, No.1, Gandhi Road, Palani, Dindigul District. ... Respondents in all WP's COMMON PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to provide the order copy fixing the fair rent as required under G.O.Ms.No.3158 dated 29.07.1961 mentioned in the comunication dated 16.05.2011 of the respondent No.3 to the petitioner within the time stipulated by this Court. For Petitioner in all WP's ... Mr.T.Lajapathi Roy For Respondents in all WP's ... Mr.TR.Janarthanam Addl. Govt. Pleader for R1 & R2 Mr.B.Saravananfor R3 https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER W.P(MD)Nos.7848 to 7856 of 2011 have been filed to direct the respondents to provide the order copy fixing the fair rent as required under G.O.Ms.No.3158 dated 29.07.1961 mentioned in the comunication dated 16.05.2011 of the respondent No.3 to the petitioner within the time stipulated by this Court. 2. Heard the learned Counsel for the petitioners in all writ petitions, the learned Additional Government Pleader for the respondents 1 and 2 and the learned Counsel for the third respondent and perused the materials available on record. 3. The petitioners in all these cases, are the occupiers of the shops under the control of the third respondent. On 16.05.2011, the proceedings were issued fixing the rent in respect of each one of the shops with a further direction that they are entitled to file an appeal to the second respondent – Joint Commissioner, in terms of Section 34-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In that order, it has been stated that the basis on which the rent has been fixed, is available at the office of the third respondent for perusal so as to enable the petitioners to pursue the appeal remedy if required. The copy of the Committee's order which fixed the rent, was not communicated to the petitioners and therefore, the petitioners pleaded prejudice before the appellate authority and the appeal was returned for several reasons contained therein. 4. The writ petitions have been filed for directing the respondents to provide a copy of the order fixing the fair rent as stated in the proceedings dated 16.05.2011. 5. Mr.B.Saravanan, learned Counsel for the third respondent submits that by oversight, the said proceedings of the Committee fixing the fair rent was not communicated and therefore, in all fairness, the third respondent is withdrawing the proceedings dated 16.05.2011 and that the plea of prejudice and arbitrariness pleaded by the petitioners will be erased. 6. He further submits that what is required by the petitioners to object to the fixation of fair rent has been furnished to the petitioners and that will enable the petitioners to prosecute their appeals on merits. 7. Since the order dated 16.05.2011 has been withdrawn by the third respondent, the petitioners are at liberty to pursue the appeals before the second respondent or before the appropriate authority, to its logical conclusion as per law. 8. All the writ petitions are disposed of in the above terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Commissioner, Hindu Religious and Charitable Endowment, The Administration Department, Chennai – 34. 2.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai. +1. CC to the Special Government Pleader, SR.No. 23547 +2. CCs to Mr.B.Saravanan, Advocate, SR.No. 23679 +9. CCs to Mr.T.Lajapathi Roy, Advocate, SR.Nos. 23458 to 23466 rsb W.P.(MD)Nos.7848 to 7856 of 2011 and M.P(MD)Nos.1 of 2011 (in all petitions) 18.07.2011 TR : 27.07.2011: 3P/15C https://hcservices.ecourts.gov.in/hcservices/