(1.) This Review Application has been filed by the 29th respondent in W.A.No.870/2019 which was disposed of by judgment dated 14.03.2019. The 1st respondent herein Ms.Padvathi, was the appellant in W.A.No.870/2019. The appeal was filed challenging the order passed in W.P.No.28499 of 2018 dated 19.12.2018 filed by the 2nd respondent herein namely Mr.P.Selvarajan. The 1st respondent herein who was the 31st respondent in the Writ Petition filed Appeal in W.A.No.870/2019, wherein the following direction was issued:
(2.) The Review Applicant is before this Court contenting that he was a tenant under the 5th respondent Temple and running a small business and was paying the admitted rent and the rent which was enhanced by 15% and he subsequently vacated the premises and handed over possession to the 5th respondent namely the Executive Officer of the Temple. The Review Applicant is before this Court contenting that he has now been served with the proceedings under Section 78 of the Hindu Religious and Charitable Endowment Act (hereinafter 'the Act' for brevity), wherein there is not only a proposal to vacate the Review Applicant but also a demand for enhanced rent with retrospective effect. It is submitted that the demand of rent with retrospective effect is without jurisdiction and that apart, the proposal to vacate the review applicant is also an outcome of non application of mind because the review applicant has already vacated and handed over the vacant possession of the property. The 1st respondent herein as well as the respondents 6 to 31 were all said to have been in occupation of the property owned by the 5th respondent Temple. When proceedings were initiated under Section 78 of the Act, some of the respondents 6-31 had filed Appeals before the Commissioner of Hindu Religious and Charitable Endowments ('HR&CE') and those appeals are pending.
(3.) When the 1st respondent filed W.A.No.870/2019, we opined that the 1st respondent should also prefer an Appeal before the Commissioner, HR&CE, who can decide the correctness of the proceedings initiated under Section 78 of the Act by the 4th respondent namely the Joint Commissioner of Hindu Religious and Charitable Endowments.