IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Kongu Vellalar Matric Higher Secondary School – Petitioner
Versus
Commissioner, Hindu Religious and Charitable Endowments Department – Respondent
W.P. Nos. 23145 to 23148 of 2018, 2310 of 2019, W.M.P. Nos. 27045 to 27048 of 2018
Decided On : 09-09-2021
Tamil Nadu Hindu Religious and Charitable Endowments Act - Section 34 A - Constitution of India,1950 - Article 226 - Lease rent - Fair rent fixation notice issued - Demand notice - Quash - Issue a Writ of Certiorari - Petitioner is a Matriculation Higher Secondary School recognized by appropriate Educational Authority and they started school in premises belongs to third respondent/Temple by way of a lease deed - Lease was granted to an extent of acres in Village in favor of petitioner School in year - It is admitted by petitioner School that beyond the lease property they are in possession of an additional extent of land measuring acres in S.F of vacant land and same is utilized as play ground for the School - However lease agreement was entered into in respect of land measuring acres only and said lease was renewed subsequently and petitioner states that they are paying rent – Held, Therefore demand notice can never be compared with show cause notice - Demand notices are Issued in cases of demand of water charges electricity charges property tax etc - Such demand notices further provides an opportunity to notice to submit their objections - Thereafter a final order is passed and a right of appeal is also contemplated - Therefore demand notice is first notice which is issued by fixing a rent as contemplated under the Act - It is to be borne in mind that it is not necessary that tenant should be given any opportunity for fixation of rent in accord with law - It is prerogative of landlord to fix rent by following procedures as contemplated Act - Once such a rent is fixed in accordance with Act and a demand notice is issued then tenant is entitled to submit their objections and thus initial fixation is to be done by landlord but not at instance of tenant - This being concept of demand notice very contention of petitioner that fixation of rent in demand notice is irregular can at no stretch of imagination be accepted - Petitions are disposed of.
ORDER :
Prayer in W.P. Nos. 23145 to 23148 of 2018: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to impugned proceedings of the third respondent dated 27.07.2018 and quash the same.
Prayer in W.P. No. 2310 of 2019: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider and dispose the representation of the petitioner dated 31.12.2018 in a time bound manner as to be fixed by this Hon'ble Court.
1. These writ petitions are filed questioning the fair rent fixation notice issued by the Executive Officer of the third respondent/Temple in proceedings dated 27.07.2018.
2. The Petitioner is a Matriculation Higher Secondary School recognized by the appropriate Educational Authority and they started school in the premises belongs to the third respondent/Temple by way of a lease deed. The lease was granted to an extent of 4.02 acres in S. No. 787/1, 2, 3, 4 and 5 in Perundurai Village, in favour of the petitioner School in the year 1982. It is admitted by the petitioner School that beyond the lease property, they are in possession of an additional extent of land measuring 2.50 acres in S.F. No. 787/3, 787/4 and 787/5 of vacant land and the same is utilized as play ground for the School. However, the lease agreement was entered into in respect of the land measuring 4.02 acres only and the said lease was renewed subsequently and the petitioner states that they are paying the rent. Through communication dated 14.02.2004, the third respondent informed about the fixation of fair rent at the rate of Rs. 50,312/- per month with effect from 01.07.1997. The petitioner School preferred a Revision in R.P. No. 5 of 2005 before the first respondent and the first respondent by order dated 14.11.2006, set aside the order and certain observations were made. However, the Government by its order dated 18.01.2010 remanded the matter back to the Rent Fixation Committee with a direction to re-fix the lease rent as per G.O.Ms. No. 456, dated 09.11.2007, fixed the rent at Rs. 54,079/- per month with effect from 01.11.2001 and an increase of 15% for every three years was also ordered. Thus, the rental amount of Rs. 95,168/- was fixed as rent on 09.07.2010. The petitioner School preferred an appeal again before the first respondent in A.P. No. 42/2011. The first respondent once again remitted the matter back to the Rent Fixation Committee by order dated 21.09.2011.
3. Under these circumstances one Mr. K.S. Kuppusamy, a devotee of the third respondent/Temple has filed a writ petition in W.P. No. 642 of 2012 challenging the remand order passed by the first respondent dated 21.09.2011. This Court passed an order dated 29.04.2013, fixing fair rent for all the buildings at the rate of 0.20% of the value of the land in terms of G.O. No. 353, dated 04.06.1999 and G.O. No. 456, dated 09.11.2007. Accordingly, the rent was fixed as Rs. 47,743/- as on 01.11.2001, Rs. 54,905 as on 01.07.2004 and Rs.72,809 as on 01.07.2010 and the Petitioner was directed to pay the arrears of rent. It is an admitted fact that this Hon'ble Court fixed the fair rent for an extent of 4.02 acres as Rs. 72,809 as on 01.07.2010. However, the petitioner School preferred an appeal before the Hon'ble Division Bench in W.A. No. 1477 of 2013 and the writ appeal was allowed holding that for the 9 out of the 13 buildings that have been constructed by the School, the fair rent shall be 0.10% and not as 0.20% as held by the learned Single Judge in W.P. No. 642 of 2012. In such terms, the petitioner School is paying the rent. However, the said devotee Mr. K.S. Kuppusamy, filed a Special Leave Petitions in S.L.P. No. 13437 of 2016 and S.L.P. No. 13439 of 2016 and the same are pending before the Hon'ble Supreme Court of India. The third respondent Temple also filed a Special Leave Petition in S.L.P. No. 824 of 2017. All these sp
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