JUDGMENT :

(Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for records of the impugned communication dated 27.09.2021 made by the 4th respondent herein from unlawfully evicting the petitioner herein from the property situated at Villupuram Registration District, Villupuram Joint - 1 Sub 12, Old Survey No.453/3, New Survey No.40 measuring to an extent of 364.50 Sq.ft, based on the lapsed eviction order dated 08.10.2013 and without following the due process of law.)

1. The prayer sought for herein is for a Writ of Certiorarified Mandamus calling for records of the impugned communication dated 27.09.2021 made by the 4th respondent herein from unlawfully evicting the petitioner herein from the property situated at Villupuram Registration District, Villupuram Joint - 1 Sub 12, Old Survey No.453/3, New Survey No.40 measuring to an extent of 364.50 Sq.ft, based on the lapsed eviction order dated 08.10.2013 and without following the due process of law.

2. The case projected by the petitioner as has been averred in the affidavit filed in support of the writ petition is that, the property to the extent of 364.50 Sq.ft at Old S.No.453/3, New S.No.40 at Thiru Vi.Ka.Street, Villupuram Town and District belongs to the fourth respondent temple. The petitioner claims that, he has taken out the said property for lease in the year 1985 and since then, he has been in possession and enjoyment of the property as a tenant by running a clinic in the name and style of S.R.Clinic.

3. While so, for the alleged reason of non-payment of rent to the temple authorities, in the year 2013 ie., on 04.08.2013, termination of lease and consequential proceedings under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (In short, H.R.&C.E., Act) was issued and consequently, an eviction order in proceedings dated 08.10.2013 was issued, declaring the petitioner as an encroacher.

4. Though such an eviction proceedings was issued on 08.10.2013 by the respondent temple authorities, the same was not acted upon or put into execution, and in the meanwhile, the petitioner has paid the rental arrears including the rental arrears as per the enhanced rent of Rs.3,151/- per month from July 2013, which comes to Rs.3,56,456/- upto 31.10.2014.

5. Therefore, according to the petitioner, upto 31.10.2014, rent with arrears including the rental arrears based on the enhanced rent from July 2013 has been paid. After having paid the said rental arrears upto 31.10.2014, it is the further case of the petitioner that, on 06.12.2019, a notice was issued, whereby the rent has been enhanced, which according to the petitioner is an unilateral enhancement, that too arbitrarily, without giving any opportunity to the petitioner.

6. Thereafter, the present order has been issued on 27.09.2021, wherein a proceedings has been interdepartmentally issued by the fourth respondent to the Inspector of Police, Villupuram, wherein it is stated that, under Section 79(1) of the H.R.&C.E., Act, already orders have been passed by the Joint Commissioner to evict the petitioner and therefore, in order to have smooth eviction of the petitioner, police protection is required on 01.10.2021, as on that date it is proposed to evict the petitioner. Only at this juncture, the petitioner has moved this writ petition with the aforesaid prayer challenging the said communication of the fourth respondent addressed to the Inspector of Police dated 27.09.2021.

7. Heard Mr.P.Dinesh Kumar, learned counsel appearing for the petitioner, who would submit that, though in 2013 eviction order was passed on 08.10.2013, for the reasons best known to the temple authorities, they have not proceeded further or the said eviction order has not been put into execution.

8. Subsequently, the rent was enhanced to Rs.3,151/- per month and even according to the enhanced rent with effect from July 2013, including the earlier arrears ie.