R.Venkatachalam, v. The Assistant Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2017
CORAM
THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.Nos.20819 to 20825 of 2017 & W.M.P.Nos.21676 to 21689 of 2017 R.Venkatachalam
...Petitioner in WP.20819/17
K.Vaiyapuri
...Petitioner in WP.20820/17
G.Thangaraj
...Petitioner in WP.20821/17
V.V.Ramasamy Chettiar
...Petitioner in WP.20822/17
P.Muthusamy Chettiar
...Petitioner in WP.20823/17
S.Muthusamy Chettiar
...Petitioner in WP.20824/17
K.Purushothaman
...Petitioner in WP.20825/17
Vs The Assistant Commissioner and Executive Officer, Arulmigu Narasimma Swamy Thirukovil, Namakkal -637 001 ...Respondents in all the WP's Petitions under Article 226 of The Constitution of India praying for the issuance of Writs of Certiorarified Mandamus to call for the records of the respondent connected with the impugned orders bearing Na.Ka.No.92/2017 dated 21.06.2017, quash the same and direct the respondent to refix the fair rent of the shop No.69/8 at Mariamman Koil Street, Nakammal Town-637 001, Shop No.48C/47, New No.109 at Arasamara Street, Namakkal Town637 001, shop No.64/6 at Mariamman Koil Street, Nakammal Town637 001, shop No.65/6A at Mariamman Koil Street, Nakammal Town637 001, shop No.69/8 at Mariamman Koil Street, Nakammal Town637 001, shop No.59/3B7 and S.No.57/3B6/3A at Mariamman Koil Street, Nakammal Town-637 001, shop No.51/3B6 and S.No.51 at Mariamman Koil Street, Nakammal Town-637 001 respectively,on the basis of actual extent of lands leased to the petitioners at the present revised guideline value for the lands alone. For Petitioner : Mrs.S.Kala in all W.Ps.
For Respondent : Mr.M.Maharaja, in all W.Ps. Special Government Pleader for HR&CE https://hcservices.ecourts.gov.in/hcservices/
COMMON ORDER The petitioners have filed the above writ petitions to issue writs of certiorarified mandamus to call for the records of the respondent connected with the impugned orders bearing Na.Ka.No.92/2017 dated 21.06.2017, quash the same and direct the respondent to refix the fair rent of the shops on the basis of the actual extent of lands leased to the petitioners at the present revised guideline value for the lands alone.
2. When the matters are taken up for hearing, Mr.M.Maharaja, learned Special Government Pleader appearing for HR&CE, takes notice for the respondent and submitted that the petitioners have got remedy by way of appeal before the Commissioner, H.R. & C.E., under Section 34 (A) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959.
3. Since the petitioners having got remedy by way of appeal under Section 34 (A) of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, before the Commissioner, Hindu Religious and Charitable Endowment Department, I am of the view that liberty may be granted to the petitioners to challenge the impugned orders bearing Na.Ka.No.92/2017 dated 21.06.2017 before the Commissioner, Hindu Religious and Charitable Endowment Department. Accordingly, writ petitions are closed and the petitioners are given liberty to challenge the impugned orders by way of appeal before the Commissioner, Hindu Religious and Charitable Endowment Department, in accordance with law. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar raa To The Assistant Commissioner and Executive Officer, Arulmigu Narasimma Swamy Thirukovil, Namakkal-637 001.
W.P.Nos.20819 to 20825 of 2017 gp(co) aa23/08/2017 https://hcservices.ecourts.gov.in/hcservices/