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2021 Supreme(Mad) 1719

S.M.SUBRAMANIAM
P. Jayanthi – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowment (HR&CE) Department, Nungambakkam, Chennai – Respondent


Advocate Appeared:
For the Appellant :R. Srinivas, Mythili Srinivas, Advocates.
For the Respondents:N.R.R. Arun Natarajan, Government Advocate.

JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the second respondent in connection with order dated 09.03.2017 in proceedings No.Se.Mu.Na.Ka.No.2004/2017/A3, on the file of the said respondent and quash the same so far as it relates to the late father of the petitioners 1 to 4 Mr.P.Lakshmi Narayana Bhat, No.6, Gangadeeswarar Koil Street, Purasawalkam, Chennai-600 084 in the table enclosed to the impugned order.)

The proceedings dated 09.03.2017 issued by the second respondent-Joint Commissioner in fixing the fair rent, is under challenge in the present writ petition.

2. The main grievances of the petitioners are that without giving any notice to the petitioners and without providing any opportunity, the fair rent is fixed and the demand is made. The fourth respondent-Executive Officer has sent a demand notice dated 16.08.2021, demanding the arrears of rent to the tune of Rs.1,34,68,291/- nomenclaturing the same as damages for use and occupation. Apart from the demand notice of fixing the fair rent, the respondents have initiated proceedings under Section 78 of the H

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