BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M. SUBRAMANIAM, J.
N. Dhanasekaran & Others - Petitioners
Versus
The Tamil Nadu Government -Respondents
W.P.(MD) Nos. 4428, 4429, 4430, 4431, 4432, 4433, 4434, 4435, 4436, 4437, 4438, 4439 & 4440 of 2018 & W.M.P.(MD)Nos. 4519, 4520, 4521, 4522, 4523, 4524, 4525, 4526, 4527, 4528, 4529, 4530, 4531, 4532 of 2018
Decided On : 14-03-2018
Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 - Sections 34-B and 34-A(5) - Arrears of enhanced rent - Eviction - Notice issued to the writ petitioners vide proceeding directing the writ petitioners to vacate the portion of the premises occupied by the petitioners - Held, Consolidated instructions to be issued, shall contain that, the violation of any such instructions will be viewed seriously and appropriate prosecution and action will be initiated against the official concerned - In this view of the matter, the writ petitioner have not established any legal right either for their continuance or in respect of their occupation in the temple premises belong to Temple - This Court does not find any infirmity in respect of the actions initiated by the third respondent for collection of arrears of enhanced rent and for eviction - Writ petitions dismissed
The issues to be decided in all these batch of writ petitions are similar. The relief sought for are also one and the same. Thus all the writ petitions are taken together for hearing and a common order is passed.
1. The notice issued to the writ petitioners vide proceeding dated 21.02.2018 and 22.02.2018 by the Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Thirukoil, Palani, directing the writ petitioners to vacate the portion of the premises occupied by the petitioners. This apart, the impugned notice states that the arrears of enhanced rent also to be deposited, failing which further legal action would be initiated against the petitioners for eviction.
2. The factual matrix in nutshell to be considered for the purpose of deciding these batch of writ petitions are that, the petitioners claim that they are lessees of the property belongs to Arulmigu Dhandayuthapani Temple, Palani. The writ petitioners are paying the monthly rent and a nominal rent was initially fixed by the temple authorities and subsequently the rent was periodically enhanced. The writ petitioners made a submission that the monthly rent due to the temple is being paid punctually and there is no arrears of rent to be deposited in the temple accounts. The grievances of the writ petitioners are that the third respondent issued a notification dated 28.04.2015 to auction the shop in their possession and subsequently the third respondent caused a paper publication in “Thinamani”, Tamil news paper in this regard.
3. Challenging the said notification, the writ petitioners along with other tenants filed W.P.(MD)No.7926 of 2015. The batch of writ petitions were allowed by this Court on 14.05.2015. The third respondent filed Writ appeals against the said order in W.A.(MD)No.511 to 594 of 2015. This Court allowed the writ appeal on 06.01.2016 stating that, the writ petitioners and the other tenants who all are the parties to the writ proceedings did not establish a cause of action to challenge the auction notification. During the pendency of the writ appeal, the third respondent initiated action for enhancement of the rent vide proceeding dated 09.07.2015 and the same was referred as damages.
4. The rent fixed had been enhanced on several occasions with effect from 01.07.2015 onwards, without any basis by the third respondent. The writ petitioners claim that the demand of the enhanced rate of monthly rent was not legal and no prior notice was given to the writ petitioners in respect of the fixing of the quantum of rent. Thus, the petitioners submitted representations to the third respondent to reduce the rent. However, the said representations were rejected. The writ petitioners filed an appeal before the second respondent, the Commissioner, Hindu Religious and Charitable Endowments, Chennai, against the proceedings of the third respondent dated 14.09.2015. Since no order was passed in the appeal, the third respondent commenced coercive actions to evict the writ petitioners and to collect the enhanced rent.
5. Once again, the petitioners were constrained to file W.P.(MD)No.21078 of 2015 and the batch of writ petitions were decided on 25.01.2016, directing the second respondent to dispose of the appeals pending before him in accordance with law and on merits within a period of 4 weeks from the date of receipt of the order. The second respondent passed two separate final orders on 28.03.2016 and on 30.03.2016 and they were dismissed. Against the order of dismissal passed by the Commissioner, Hindu Religious and Charitable Endowments, Chennai, the petitioners preferred an appeal before the first respondent Government and the learned senior counsel appearing for the petitioner states that the said appeal is now pending before the Government for consideration. When the appeals are pending before the first respondent, the third respondent once again initiated coercive steps to evict the writ petitioner and also vacate the tenants who all are in occupat
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