IN THE HIGH COURT OF JUDICATURE AT MADRAS Judgment reserved on : 21.11.2023 Judgment pronounced on : 06.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.Nos.1294 and 1302 of 2021 L.Varalakshmi .. Appellant (in both W.As)

Versus

1. The Commissioner, Hindu Religious & Charitable Endowments, Nungambakkam High Road, Chennai - 600 034.

2. The Executive Officer, Arulmighu Ekambareswarar Thirukoil, Aminjikarai, Chennai - 600 029.

3. The Collector of Chennai District, Collector's Office, Rajaji Salai, Chennai - 600 001.

4. The Tahsildar, Egmore-Nungambakkam Taluk, Chetput, Chennai - 600 031. .. Respondents (in both W.As)

Prayer in W.A.No.1294 of 2021 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 02.01.2020 in W.P.No.23541 of

2008.

Prayer in W.A.No.1302 of 2021 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 02.01.2020 in W.P.No.23542 of

2008.

For Appellant : Mr.Om Prakash, Senior Counsel (in both W.As) for Mr.V.Venkatesan For Respondents : Mr.N.R.R.Arun Natarajan, (in both W.As) Special Government Pleader (HR & CE), for R1 : Mr.A.K.Sriram, Senior Counsel for Mr.S.D.Ramalingam, for R2 : Mr.P.Muthukumar, State Government Pleader for RR-3 and 4

COMMON JUDGMENT

(Judgment made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy) These Writ Appeals arise out of the common order of the learned Single Judge, dated 17.12.2019 dismissing W.P.Nos.23541 and 23542 of 2008. In W.P.No.23541 of 2008, the appellant challenged the notice-cum- order, dated 15.07.2008 fixing increased rent in respect of the premises at Door No.40, South Kasar Garden Street, Aminjikarai, Chennai. In W.P.No.23542 of 2008, a Writ of Declaration is prayed to declare that the respondents have no power and jurisdiction to treat the schedule mentioned land as temple land by virtue of order of Settlement Tahsildar, Chengalpattu, dated 31.03.1971 and inver of Section 43 of Tamil Nadu Act

30 of 1960.

2. The case of the appellant / writ petitioner is that her father T.S.Duraisami Naidu, was in occupation of the land of an extent of 1 Ground and 1820 Sq.ft., comprised in S.No.70/2 part in Aminjikarai village having put up a superstructure 80 years before. The land was assessed to Urban Land Tax by the Assistant Commissioner of Urban Land Tax. The name of the temple is mentioned as Ekamberashwarar Devasthanam and present owner as T.S.Duraisami Naidu.

3. The State of Tamil Nadu enacted the Tamil Nadu Minor Inams Abolition and Conversion into Ryotwari Act, 1963 (Act 30 of 1963) (hereinafter ‘the Act’), under which, the Settlement Tahsildar had passed an order, dated 31.03.1971, granting joint ground rent patta to the petitioner’s father. The same had become final. Thus, the ownership of the property vested with the petitioner. However, the petitioner’s father and others in the locality continued to pay an amount to the temple in the name of rent. Taking advantage of the same, by the impugned order, rent is sought to be revised, that too retrospectively. The authorities have no jurisdiction in respect of the same and hence the petitions.

4. The Writ Petition is resisted by the respondents. It is the stand of the temple that the land in question was minor inam land. The temple is the holder of both warams in respect of the land. The temple has leased out the land to the petitioner’s father and others, who put up superstructure and were living in the land as tenants. The temple is granted ryotwari patta under Section 8 of the Act. Only in respect of building, joint ground rent patta is given. The temple is therefore entitled to revise the rent for the land on which the building is situate. Since the tenant has defaulted, already a suit for recovery of possession is filed in O.S.No. 7349 of 2008 and the same is pending. The very same defence is raised in the said suit.

5. The learned Single Judge considered the case of the parties and by the order under appeal