P. D. AUDIKESAVALU
R. Jaganathan – Appellant
Versus
Commissioner HR & CE Administration Department – Respondent
ORDER :
Prayers:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue Writs of Certiorari, calling for the records relating to the proceedings dated 09.04.2013 in A.P. Nos. 25, 26, 27, 28 and 29 of 2011 of the First Respondent and the notice dated 19.01.2011 of the Second Respondent, and quash the same.
Heard Mrs. AL.Ganthimathi, Learned Counsel for the Petitioners and Mr. N.R.R.Arun Natarajan, Learned Special Government Pleader for the First Respondent and Mr. S.Sithirai Anandan, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. The Petitioners in these Writ Petitions are tenants in respect of the property of the Second Respondent, who had by proceedings dated 19.01.2011 determined the fair rent for the period from 01.11.2001 to 30.12.2010 for the respective portions occupied by them, under Section 34-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the Act' for short), which has been confirmed by order dated 09.04.2013 in appeal in A.P. Nos. 25 to 29 of 2011 by the First Respondent and has been impeached in these
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The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
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