Madras High CourtWA(MD)/511/2015allowed

The Joint Commissioner/ v. R.Sundaresan,

2016-01-06Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Ramasubramanian27 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.01.2016 Coram:

THE HONOURABLE Mr.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE Mr.JUSTICE N.KIRUBAKARAN Writ Appeal (MD) Nos.511 to 594 of 2015 and Connected M.Ps.

THE JOINT COMMISSIONER/ÉXECUTIVE OFFICER, ARULMIGU DHANDAYUTGHAPANI SWAMY THIRUKOVIL, PALANI, DINDIGUL DISTRICT.

APPELLANT in WA(MD) No.511 to 594 of 2015 -VSR.SUNDARESAN ... RESPONDENT in WA(MD) No.511 of 2015 K.UTHIRAM ... RESPONDENT in WA(MD) No.512 of 2015 K.UTHIRAM ... RESPONDENT in WA(MD) No.513 of 2015 R.MARIAPPAN ... RESPONDENT in WA(MD) No.514 of 2015 S.SENTHILKUMAR ... RESPONDENT in WA(MD) No.515 of 2015 K.GOPALSAMY ... RESPONDENT in WA(MD) No.516 of 2015 G.V.JEEVANANDHAM ... RESPONDENT in WA(MD) No.517 of 2015 G.V.JEEVANANDHAM ... RESPONDENT in WA(MD) No.518 of 2015 P.PANDIYARAJAN ... RESPONDENT in WA(MD) No.519 of 2015 P.VENKATESA PANDIYAN ... RESPONDENT in WA(MD) No.520 of 2015 V.SUBRAMANIAN ... RESPONDENT in WA(MD) No.521 of 2015 G.GANESH ... RESPONDENT in WA(MD) No.522 of 2015 A.SENTHIL ANDAVAR ... RESPONDENT in WA(MD) No.523 of 2015 A.SAMINATHAN ... RESPONDENT in WA(MD) No.524 of 2015 D.KARTHIKEYAN ... RESPONDENT in WA(MD) No.

525 of 2015 D.KARTHIKEYAN ... RESPONDENT in WA(MD) No.526 of 2015 G.AYYAPPAN ... RESPONDENT in WA(MD) No.527 of 2015 S.KARUPPASAMY ... RESPONDENT in WA(MD) No.528 of 2015 S.KARUPPASAMY ... RESPONDENT in WA(MD) No.529 of 2015 K.DHANDAPANI ... RESPONDENT in WA(MD) No.530 of 2015 G.GANESH ... RESPONDENT in WA(MD) No.531 of 2015 P.PANDIYAN ... RESPONDENT in WA(MD) No.532 of 2015 NAMAGIRI THAYAR ... RESPONDENT in WA(MD) No.533 of 2015 K.THANGARAJ ... RESPONDENT in WA(MD) No.534 of 2015 A.ALAGURAJA ... RESPONDENT in WA(MD) No.535 of 2015 K.KUMAR ... RESPONDENT in WA(MD) No.536 of 2015 K.BALAMURUGAN ... RESPONDENT in WA(MD) No.537 of 2015 S.RAMACHANDRAN ... RESPONDENT in WA(MD) No.538 of 2015 G.KANNAN ... RESPONDENT in WA(MD) No.539 of 2015 A.BALASUBRAMANIAN ... RESPONDENT in WA(MD) No.

BAKTHAN ... RESPONDENT in WA(MD) No.541 of 2015 B.SURESH BABU ... RESPONDENT in WA(MD) No.542 of 2015 R.T.K.THANGARAJ ... RESPONDENT in WA(MD) No.543 of 2015 A.KARUNANITHI ... RESPONDENT in WA(MD) No.544 of 2015 N.DHANASEKARAN ... RESPONDENT in WA(MD) No.545, 546 of 2015 V.SARADHA ... RESPONDENT in WA(MD) No.547 of 2015 A.NAGARAJAN ... RESPONDENT in WA(MD) Nos.548, 549, V.PUSHPAVALLI ... RESPONDENT in WA(MD) No.551 of 2015 D.KARTHIKEYAN ... RESPONDENT in WA(MD) No.552 of 2015 V.PERIYASAMY ... RESPONDENT in WA(MD) No.553 of 2015 P.MANIKANDAN ... RESPONDENT in WA(MD) No.554 of 2015 D.KARTHIKEYAN ... RESPONDENT in WA(MD) No.555 of 2015 C.THANGAVEL ... RESPONDENT in WA(MD) No.556 of 2015 A.BALAKRISHNAN ... RESPONDENT in WA(MD) No.557 of 2015 A.BALAKRISHNAN ... RESPONDENT in WA(MD) No.558 of 2015 G.CHOKKALINGAM ... RESPONDENT in WA(MD) No.559 of 2015 R.MURUGANANDHAM ... RESPONDENT in WA(MD) No.560 of 2015 1.G.THIRUGNANA SAMBANDAM 2 THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT, NUNGAMBAKKAM HIGH ROAD,.

CHENNAI. ... RESPONDENTS in WA(MD) No.561 of 2015 1 LAKSHMIPATHY RAJU 2 THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, MADURAI. ... RESPONDENTS in WA(MD) No.562, 1 K.BALASUBRAMANIAN 2 THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMNET DEPARTMENT, MADURAI.... RESPONDENTS in WA(MD) No.564, 565, 566, 569,570 of 2015 1 P.MANJULA 2 THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPARTMENT,MADURAI. ... RESPONDENTS in WA(MD) No.567 of 2015 1 A.KRISHNAN 2 THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT DEPARTMENT,MADURAI. ... RESPONDENTS in WA(MD) No.568 of 2015 R.MUTHUKUMAR ... RESPONDENT in WA(MD) No.571 of 2015 S.LAKSMANAN ... RESPONDENT in WA(MD) No.572 of 2015

P.SUBBURAJ ... RESPONDENT in WA(MD) No.573 of 2015 SHANMUGAM CHETTIAR ... RESPONDENT in WA(MD) No.574 of 2015 GUNASEKARAN ... RESPONDENT in WA(MD) No.575 of 2015 MARAGATHAM ... RESPONDENT in WA(MD) No.576, R.SUBRAMANIAN ... RESPONDENT in WA(MD) No.578 of 2015 A.CHANDRAKALA ... RESPONDENT in WA(MD) No.579 of 2015 GOPAL ... RESPONDENT in WA(MD) No.580, ANGULAKSHMI ... RESPONDENT in WA(MD) No.582 of 2015 KULANDAIVEL ... RESPONDENT in WA(MD) No.583 of 2015 M.VELUMANI ... RESPONDENT in WA(MD) No.584 of 2015 1 D.SUBRAMANI 2 THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, NUNGAMBAKKAM HIGH ROAD, CHENNAI. RESPONDENTS in WA(MD) No.585 of 2015 K.GANESAN ... RESPONDENT in WA(MD) No.586 of 2015 S.SARASWATHI ... RESPONDENT in WA(MD) No.587 of 2015 S.USHARANI ... RESPONDENT in WA(MD) No.588 of 2015 P.KANNAN ... RESPONDENT in WA(MD) No.

589 of 2015 V.BHANUMATHI ... RESPONDENT in WA(MD) No.590 of 2015 S.MUNIYAPPAN ... RESPONDENT in WA(MD) No.591 of 2015 KANNIAMMAL ... RESPONDENT in WA(MD) No.592 of 2015 K.KUPPUSAMY ... RESPONDENT in WA(MD) No.593 of 2015 SELLAPANDI @ SELVAPANDI ... RESPONDENT in WA(MD) No.594 of 2015 PRAYER IN W.A.(MD)No.

Writ Appeal filed under Clause 15 of Letters Patent, against the order, dated 14.05.2015 made in W.P.(MD)No.7926/2015 to 7975/2015, 7988/2015, 8061/2015 to 8082/2015, 8090/2015, 8163/2015, 8169/2015 and 8208/2015 to 8215/2015. Prayer in WP(MD). 7926/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Actr 1959 by permitting the petitioner to continue as a tenent for further three years.

Prayer in WP(MD). 7927/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No. 1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7928/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7929/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Actr 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7930/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on

03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7932/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Actr 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7933/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7934/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7935/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No. 1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years.

Prayer in WP(MD). 7936/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7937/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7938/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7939/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7940/ 2015 :

the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7941/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7942/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7943/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Actr 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7944/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7945/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7946/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7947/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7948/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7949/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years.

Prayer in WP(MD). 7950/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7951/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7952/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7953/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7954/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No. 1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on

03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7955/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7956/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No. 1060/ 151/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7957/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years.

Prayer in WP(MD). 7959/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7960/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No.1060/15-2/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7961/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 2/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7962/ 2015 :

the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7964/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15- 2/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Actr 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7966/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order passed by the respondent in Na.Ka. No. 1060/15-2/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7967/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 2/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7971/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 2/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7972/ 2015 :

Prayer in WP(MD). 7973/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/ 15- 2/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 7975/ 2015 :

Constitution of India, praying this Court To issue writ of Certiorarified mandamus or any other writ or order or direction in the nature or writ of Certiorarified mandamus calling for the records of 2nd respondent in Na.Ka.No.1060/15-2/C3 dated 28.04.2015 ad modified by the notification of 2nd respondent in Na.Ka.No.1060/15-1/C3 dated 08.05.2015 and quash the same as illegal arbitrary and unenforceable as for as the shops of petitioner in Nos.3,4 and 5, (Mattan Thambiran Temple) No.130, Gandhi Road, Palani, consequentially direct the respondents not to dispossess the petitioner forcibly from the above shops without due process of law pass such other further orders as are deemed fit.

Prayer in WP(MD). 8061/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.4.2015 in respect of shop No.18 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.18 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani. Prayer in WP(MD). 8062/ 2015 :

Certiorarified Mandamus calling for the records of the 1st Respondent herin, viz. the Auction Notification in Na.Ka.NO. 1060/15-1/C3 dated 28.04.2015 in respect of Shop No. 19 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the Respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the Petitioner in respect of Shop No. 19 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani. Prayer in WP(MD). 8063/ 2015 :

Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent herein, viz.the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.4.2015 in respect of Shop No.20 in Kundamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner...

Prayer in WP(MD). 8064/ 2015 :

Constitution of India, praying this Court WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the st Respondent herein, viz. the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 in respect of shop no.21 in Kudamuzhuku Ninaivarangam on the North giri street, Pazhani, and quash the same and consequently forbear the Respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of shop No.21 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani.

Prayer in WP(MD). 8065/ 2015 :

Certiorarified Mandamus calling for the records of the 1st Respondent herein, viz.

the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 in respect of Shop No.22 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the Respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the Petitioner in respect of Shop No.22 in Kudamuzhuku Ninaivarangam on the North Gir Street, Pazhani. Prayer in WP(MD). 8066/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.4.2015 in respect of shop No.23 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and shop No.2 respectively consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.23 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani.

Prayer in WP(MD). 8067/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.4.2015 in respect of shop No.25 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.25 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani. Prayer in WP(MD). 8068/ 2015 :

Certiorarified Mandamus calling for the records of the 1st Respondent herin, viz. the Auction Notification in Na.Ka.NO. 1060/15-1/C3 dated 28.04.2015 in respect of Shop No. 35 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the Respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the Petitioner in respect of Shop No.

35 in Kudamuzhuku Ninaivarangam on the North Giri Street, Pazhani. Prayer in WP(MD). 8069/ 2015 :

Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent herein, viz.the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.4.2015 in respect of Shop No.36 in Kundamuzhuku Ninaivarangam on the North Giri Street, Pazhani, and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner...

Prayer in WPs(MD). 8070/2015 and 8071/ 2015 : Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No. 1060/15-2/c3 dated 28.04.2015 and Na.Ka.No.1060/15-1/C3 dated 08.05.2015 and quash the same in respect of serial No.4, Shop No.1 and consequently direct the respondent to fix the rent as per auction 34-A(1) and (2) of Hindu Religious and charitable Endowment Act 1959 by permitting the petitioner to continue as a tenant . Prayer in WP(MD). 8072/ 2015 :

Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-2/C3 dated 28.04.2015 and Na.Ka.No.1060/15-1/C3 dated 08.05.2015 and quash the same in respect of serial No.4, Shop No.3 and consequently direct the respondent to fix the rent as per section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenant. Prayer in WP(MD). 8073/ 2015 :

Constitution of India, praying this Court WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the st Respondent herein, viz. the Auction Notification in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 in respect of shop no.1 in Poonga Road Shopping Complex, Pazhani, Dindigul District and quash the same and consequently forbear the Respondents herein, his men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of shop No.1 in Poonga Road Shopping Complex, Pazhani, Dindigul District.

Prayer in WP(MD). 8074/ 2015 :

Constitution of India, praying this Court To Certiorarified

Mandamus calling for the records of the Respondent herein, viz. the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.04.2015 in respect of Shop No.2 in Poonga Road Shopping Complex, Pazhani, Dindigul District and quash the same and consequently forbear the Respondent herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the Petitioner in respect of Shop No.2 in Poonga Road Shopping Complex, Pazhani, Dindigul District.

Prayer in WP(MD). 8075/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.4.2015 in respect of shop No.3 in Poonga Road Shopping Complex, Pazhani, Dindigul District and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.3 in Poonga Road Shopping Complex, Pazhani, Dindigul District. Prayer in WP(MD). 8076/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.4.2015 in respect of shop No.4 in Poonga Road Shopping Complex, Pazhani, Dindigul District and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.4 in Poonga Road Shopping Complex, Pazhani, Dindigul District. Prayer in WP(MD). 8077/ 2015 :

Certioraified Mandamus calling for teh records of teh Respondent herein, viz the Auction Notification in Na.Ka.No. 1060/15-2/C3 dated 28.04.2015 in respect of Shop No. 5 in "Poonga Road Shopping Complex Pazhani, Dindigul District and quash the same and consequently forbear the Respondent herein, his men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with teh peaceful possession of the Petitioner in respect of Shop No. 5 in Poonga Road Shopping Complex, Pazhani, Dindigul District. Prayer in WP(MD). 8078/ 2015 :

Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the respondent herein, viz. the Auction Notification Na.Ka.No.1060/15-2/C3 dated 28.04.2015 in respect of Shop No.2 in Sirukudil Shops, Pazhani, Dindigul District, and quash the same and consequently forbear the respondent herein, his men, agents, servants, subordinates or any other person or persons authorised by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.2 in Sirukudil shops, Pazhani, Dindigul District.

Prayer in WP(MD). 8079/ 2015 :

Constitution of India, praying this Court WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the st Respondent herein, viz. the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.04.2015 in respect of shop no.3 in Sirukudil Shops, Pazhani, Dindigul District and quash the same and consequently forbear the Respondent herein, his men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of shop No.3 in Sirukudil Shops, Pazhani, Dindigul District.

Prayer in WP(MD). 8080/ 2015 :

Certiorarified Mandamus calling for the records of the Respondent herein, viz. the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.04.2015 in respect of Shop No.4, Sirukudil Shops, Pazhani, Dindigul District and quash the same and consequently forbear the Respondent herein, his men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the Petitioner in respect of Shop No.4in Sirukudil Shops, Pazhani, Dindigul District.

Prayer in WP(MD). 8081/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.4.2015 in respect of shop No.5 in Sirukudil Shops, Pazhani, Dindigul District and quash the same and consequently forbear the respondents herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Shop No.5 in Sirukudil Shops, Pazhani, Dindigul District.

Prayer in WP(MD). 8082/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 1st respondent herein viz., the Auction Notification in Na.Ka.No.1060/15-2/C3 dated 28.4.2015 in respect of shop No.6 in Sirukudi Shops, Pazhani, Dindigul District and quash the same and consequently forbear the respondent herein, their men, agents, servants, subordinates or any other person or persons authorized by them from, in any manner, interfering with the peaceful possession of the petitioner in respect of Sop No.6in Sirukudil Shops, Pazhani, Dindigul District.

Prayer in WP(MD). 8090/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order of the respondent in Na.Ka. No. 1060/15-2/C3 dated 28.04.2015 published in Thinamani Tamil Daily News Paper on 03.05.2015 and quash the same as illegal and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 8163/ 2015 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining the impugned tender notice issued by the 2nd respondent vide his proceedings in Na.Ka.No.1060/15-2/C3, dt.28.04.2015, published in Tamil Daily Dhinamani dt.03.05.2015, with respect to the petitiioner shop which is mentioned as item No.11, in the notice and quash the same and further direct the 2nd respondent to recognize the petitioner as a lawful tenant.

Prayer in WP(MD). 8169/ 2015 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the respondent in Na.Ka.No.1060/15-2/C3 dt.28.04.2015 published in "Thinamani" Tamil Daily Newspaper on 03.05.2015 and quash the same as illegal in respect of proceedings, pertaining to the shop No. 1, situating at Mattaan Thambiran Kovil Shops, Palani to Gandhi Road, Palani, Dindigul District, and consequently directing the respondent to fix the rent as per Section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act, 1959 ....... Prayer in WP(MD). 8208/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF

CERTIORARIFIED MANDAMUS calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-1/C3 dated 28.4.2015 published in Thinamani Tamil Daily news paper on 3.5.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A (1) and (2) of HIndu Religious and charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 8209/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No. 1060/ 15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily News paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 8210/ 2015 and 8211/2015 :

Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenant for further three years. Prayer in WP(MD). 8212/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-1/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as part Section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenent for further three years. Prayer in WP(MD). 8213/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-2/C3 dated 28.04.2015 published in Thinamani Tamil Daily news paper on 03.05.2015 quash the same and also directing the respondent to fix the rent as per section 34-A(1) and (2) of Hindu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenant for further three years.

Prayer in WP(MD). 8214/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.1060/15-2/C3 dated 28.4.2015 published in Thinamani Tamil Daily news paper on 3.5.2015 quash the same and also directing the respondent to fix the rent as per Section 34-A(1) and (2) of HIndu Religious and Charitable Endowment Act 1959 by permitting the petitioner to continue as a tenant for further three years. Prayer in WP(MD). 8215/ 2015 :

Certiorarified Mandamus to call for the records pertaining to the impugned order of the respondent in Na.Ka.No. 1060/15- 2/C3 dated 28.04.2015 publised in Thinamani Tamil daily News paper on 03.05.2015 and quash teh same in so for as sl NO.10 is concerned as illegal and also directing teh respondent to fix the rent as per Section 34- A(1) and (2) of Hindu Religious and Charitable Endowment Act, 1959 by permitting the petitioner to continue as a tenant for further three years.

Appearance Details Name of the Advocate Parties Ranking Case No.

Mr.K.Govindarajan Appellant In all the W.As.

Mr.N.Tamil Mani Respondent W.A.(MD)NOs.511, 512, 524, 541, 548, 552, 556 and 557 of 2015 Mr.V.K.Vijayaragav an Respondent W.A.(MD)Nos.561, 571 and Ms.A.L.Ganthimathi Respondent W.A.(MD)Nos.562 to 570 and 574 to 583 of 2015,.

Mr.D.Venkatesh Respondent W.A.(MD)No.584/2015 Mr.Jeyakarthik Respondent W.A.(MD)No.586/2015 Mr.P.Mahendran Respondent W.A.(MD)No.572/2015 No Appearance Respondent W.A.(MD)Nos.513 to 523, 525 to 540, 542 to 547, 549 to 551, 553 to 555, 558 to 560, 585 and 587 to 594 of 2015

COMMON JUDGMENT (Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J) All these writ appeals are filed by the Executive Officer of Arulmighu Dhandayuthapaniswamy Thirukovil, Palani, challenging a common order passed by the learned Single Judge in a batch of writ petitions quashing an Auction Notice.

2.Heard Mr.K.Govindarajan, learned counsel for the appellant and M/s.V.K.Vijayaraghavan, N.Tamilmani, AL.Gandhimathi, D.Venkatesh, Jeyakarthik and P.Mahendran, learned counsel appearing for many of the respondents.

3.The Joint Commissioner cum Executive Officer of the appellant temple issued an Advertisement on 28.04.2015 in the Newspapers, inviting applications from persons intending to take the shops belonging to the temple on lease/licence, subject to the conditions indicated in the Notification. The said Notification dated 28.04.2015 indicated the fair rent expected in respect of each of the shops whose leasehold right/licence were put to auction by the Notification.

4.The said Notification, dated 28.04.2015, was also followed by a corrigendum, dated 08.05.2015. In the corrigendum, the fair rent/fair licence fee expected from each of the shops was enhanced.

5.Immediately after the publication of the auction notice, dated 28.04.2015 and the corrigendum, dated 08.05.2015, a group of persons, who were in possession of the very same shops, came up with a batch of writ petitions, challenging the auction notice as well as the corrigendum. All the writ petitions were allowed by a learned Judge, by a common order dated 14.05.2015. Challenging the said order, the temple has come up with the above writ appeals.

6.The main grounds on which the respondents/writ petitioners challenged the auction notice, dated 28.04.2015 and the corrigendum dated 08.05.2015, were (i) that the shops in their occupation could not be put to auction, when the leases in favour of the respondents were in force; and (ii) that without either terminating the lease under Section 34-B or without following the procedure prescribed by law for fixation of fair rent under Section 34-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959), the appellant

was not entitled to put the leasehold rights/licence rights to auction. Both the grounds of challenge were accepted by the learned Judge and hence the learned Judge allowed the writ petitions, holding that without terminating the leases and without taking back possession of the properties, the temple was not entitled to put the leasehold right/licence rights in respect of the shops to auction.

7.Mr.V.K.Vijayaraghavan, learned counsel appearing for some of the respondents, contended that by the Tamil Nadu Amendment Act 25 of 2003, which came into force on 10.05.2003, Sections 34-A and 34-B had been inserted into the Tamil Nadu Act 22 of 1959. Section 34-A prescribes the procedure for fixation of fair rent. It also contains a provision for filing an appeal before the Commissioner and a revision before this Court as against the order of the Commissioner passed on an appeal. Section 34-B(1) provides for termination of the lease only on two contingencies, namely non-payment of the lease rent or violation of the conditions of the lease. But, the termination under Section 34-B(1) can be made only after giving a reasonable opportunity of being heard.

8.In the light of both the above provisions, it is contended by Mr.V.K.Vijayaraghavan, learned counsel for the respondents that when the respondents are lessees and not licencees and are in occupation of the shops for the past several decades and paying the rent already fixed without any default, the appellant is not entitled to resort to any auction. 9.Learned counsel for the respondents also invited our attention to several Government Orders such as G.O.Ms.No.56, Commercial Tax and Charitable Endowments Department, dated 19.02.1998, G.O.Ms.No.355, Tamil Development, Culture and Charitable Endowments Department, dated 04.06.1999, G.O.Ms.No.456, Tamil Development, Charitable Endowments and Information Department, dated 09.11.2007 and G.O.Ms.No.277, Tamil Development, Culture and Charitable Endowments Department, dated 02.12.

2006, all of which related to the issue of fixation of fair rent of all the properties belonging to the temples coming under the control of the Hindu Religious and Charitable Endowments Department. 10.According to Mr.V.K.Vijayaraghavan, learned counsel for the respondents, the moment the appellant fixed fair rent for the very same shops that are in occupation of the respondents by the proceedings dated 07.05.2015, the auction notice dated 28.04.2015 became redundant. The fair rent sought to be fixed by the proceedings dated 07.05.2015, according to the learned counsel for the respondents, were not even indicated to the respondents. But, a sudden demand was made on 09.07.

calculated on the basis of the fair rent fixed and not communicated. As a consequence, the demand made for payment of damages on the basis of an uncommunicated order fixing the fair rent became the subject matter of challenge in yet another batch of 85 writ petitions, which are now pending before the learned Single Judge.

11.In other words, the objections of the learned counsel for the appellant could be summarised as follows: (a)That without terminating the leases of the respondents and without taking possession of the properties, the shops cannot be put to auction.

(b)That the moment a demand was made to fix fair rent, the action initiated for putting the shops to auction became redundant.

(c)That once the appellant sought to recover fair rent, the procedure prescribed by Section 34-A should be followed and the appellant should not proceed with the auction. 12.But, we do not think that we can agree with any of the aforesaid three submissions.

13.At the outset, it should be pointed out that the respondents cannot be said to have a cause of action to approach the Court and stall the auction. By putting the leasehold rights or licencee rights to run the shops to auction, the appellant did not seek to interfere with the possession of the respondents. It is only when the appellant sought to throw out the respondents, either by taking recourse to the procedure prescribed by law or in any case without taking recourse to due process of law, the respondents would have had a cause of action to challenge the auction notice.

14.An auction notice could have served several purposes for the department. In case the auction notice had resulted in some people offering a rent or licencee fee which is lower than what is now paid by the respondents, the appellant might have even continued the status quo without any hindrance to the shop keepers. Alternatively, if the auction had resulted in many people offering a high rate as lease rent or as licencee fee, the appellant could have made use of the said offer for the fair rent proceedings against the tenants.

15.Though arguments were advanced on the ground that the respondents were lessees and not licencees, the respondents, who were the writ petitioners, did not produce any record. On the contrary, the respondents have taken a stand that it is for the temple to prove that the respondents are licencees. The only document that the respondents have to show that they are lessees

are the receipts issued to them, which contained the term "thlif" the notices for enhancement also contained the very same nomenclature "thlif". But there are two difficulties with the said submission. The first difficulty is that except receipts which contained the expression "thlif" and the notices for enhancement which contained the expression "thlif", the respondents did not have any other documents to show that they are lessees. In any case, the respondents have admittedly been in possession for more than 10 to 30 years. In such an event, Section 34 of the Tamil Nadu Act 22 of 1959 should have come into operation. Since it was the respondents who came to court and filed the writ petitions, the onus was on them to prove that they were lessees and not licencees.

16.The second difficulty is that let us assume, without asking any question to the respondents, that the respondents are lessees. Even then, the very fact that periodically enhanced rent was demanded by independent orders would show that the leases had expired. Once lease had expired, what could be the status of the respondents is yet another question. We are not answering this question now.

17.Coming to the argument that the respondents have already demanded fair rent and that therefore the original auction notice became infructuous, we have to state it only to reject it. Even in cases of tenancies, governed by Rent Control Legislations, the request of the landlord to fix fair rent does not preempt the landlord from seeking eviction. Both are independent. Merely because a landlord seeks enhancement of rent or demands arrears of rent, it cannot be presumed that he has given up his right to seek eviction. Hence, the fixation of fair rent by the proceedings dated 07.05.2015 cannot be said to have rendered the auction notice, dated 28.04.2015, as redundant or null and void. The right of the landlord to have fair rent fixed for the duration of the time when the tenant continues in occupation is not taken away.

Hence the said argument cannot also be accepted. 18.It appears that atleast in respect of four shops, auction went on and it fetched amounts which are 10 times more than the amount now paid. The occupants of those four shops have accepted the auction and they have got fresh lease/licence. Therefore, the respondents cannot object even to the auction being conducted by the appellant.

19.On the ground that the proceedings dated 07.05.2015 have not been communicated, the respondents have conveniently gone into a slumber. Therefore, if no auction is conducted and the hands of the appellant are tied, the temple may not be able to

augment its resources. Such a state of affairs cannot be brought forth by the Court as observed by the Supreme Court in A.A.Gopalakrishnan vs. Cochin Devaswom Board {2007 (7) SCC 482}.

20.Therefore, the appeals are allowed and the common order of the learned Single Judge is set aside. No order as to costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar gb To,

1. THE JOINT COMMISSIONER - CUM-ÉXECUTIVE OFFICER, ARULMIGU DHANDAYUTGHAPANI SWAMY THIRUKOVIL, PALANI, DINDIGUL DISTRICT.

2. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT, NUNGAMBAKKAM HIGH ROAD,.

CHENNAI.

3 THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMNET DEPARTMENT, MADURAI.

+1CC TO MR.P.MAHENDRAN, ADVOCATE SR.NO.878 +1CC TO MR.AL.GANTHIMATHI, ADVOCATE SR.NO.1264 +1CC TO MR.M.S.JEYAKARTHIK, ADVOCATE SR.NO.1674 +3CC TO V.K.VIJAYARAGHAVAN, ADVOCATE SR.NO.879 +8CC TO MR.N.TAMILMANI, ADVOCATE SR.NO.1625 GJM/NGM/MP-9.6.16-27P-18C Judgment in Writ Appeal (MD) Nos.

511 to 594 of 2015 & Connected MPs.

Dated:06.01.2016