The court emphasized the importance of following the statutory procedures for fixing fair rent under Section 34-A of the Hindu Religious and Charitable Endowments Act and highlighted the liability of the lessee to pay arrears of rent under Section 79-C of the Act.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for record of the 1st respondent and quash the order of attachment dated 21.03.2022 passed by the 1st respondent served on 30.05.2022 against the petitioner in respect of the lease site in T.S.No.23, Old Sur.No.29, Block No.29, Aminjikarai, Aminjikarai Taluk, Chennai District bearing New Door No.7, Prasanna Vinayagar Koil Street, Aminjikarai, Chennai 600029 as ultra vires, arbitrary, unconstitutional, illegal, invalid and against all principle of law and natural justice.)

1. The writ on hand has been instituted to quash the order of attachment dated 21.03.2022 passed by the first respondent against the writ petitioner in respect of the third respondent-temple land.

2. The writ petitioner states that she had taken on lease of a vacant site to an extent of 2880 Sq. ft. comprised in T.S.No.23, Old Sur.No.29, Block No.29, Aminjikarai, Aminjikarai Taluk, Chennai District bearing New Door No.7, Prasanna Vinayagar Koil Street, Aminjikarai, Chennai 600029, within the Corporation limits of Chennai from the third respondenttemple, initially under registered lease agreement dated 14.09.1990 in document Nos.5652 and 5653 of 1990. The initial lease period was 5 years, which was renewed for a further period. The petitioner states that the renewal of lease was unregistered and the lease agreements were only in respect of the vacant land. The petitioner had put up superstructure over the temple land from and out of her own funds. She had raised ground plus two floors bearing old Door No.6, then Door No.5 and presently New Door.No.7, Prasanna Vinayagar Koil Street, Aminjikarai, Chennai – 600 029 in the lease site. The writ petitioner is using the building for commercial purposes and earning income from and out of the building. The petitioner is paying property tax. The petitioner states that the third respondent on 18.09.1990 had issued No Objection Certificate in favour of the petitioner for constructing superstructure in the lease land and to obtain electricity and sewage connections.

3. The third respondent issued notice dated 26.11.2018 to the writ petitioner to fix fair rent and asked the petitioner to submit her objections, if any, with reference to the calculation sheet along with the notice. The notice states that the Temple Administration proposed to fix the fair rent at the rate of Rs.27,510/- as monthly rent with effect from 01.11.2001 including the superstructure built by the petitioner in the temple land. The proposed enhancement of 15% on the monthly rent in every three years is also stated. The value of the building was worked at Rs.25,47,812/- and on the basis of the value, the monthly rent was tentatively arrived.

4. The petitioner states that the superstructure constructed by the petitioner is not part of the lease and therefore, the third respondent-temple is not entitled to claim any rent for the superstructure. Accordingly, the petitioner sent a letter dated 05.12.2018 stating that the lease was granted in respect of the vacant site and the building did not belong to the temple. Therefore, the Authorities cannot fix the fair rent in respect of the building.

5. The writ petitioner met the third respondent in person on 06.12.2018 along with her counsel and submitted her objections. The petitioner produced the Building Plan permit, property tax assessment etc., and explained that the superstructure belonging to her cannot be assessed for fixation of fair rent. However, the third respondent issued another notice on 31.03.2022 claiming the rental arrears of Rs.1,06,59,333/-. The third respondent has stated that the lease was not extended and therefore, the petitioner is an encroacher and action will be initiated under Sections 78 and 79 of the Hindu Religious and Charitable Endowments Act for the purpose of evicting the petitioner from the site, if the arrears of rent of Rs.1,06,59,333/- is not paid withi