G. KASIAMMAL Vs. ARULMIGHU SENGAZHU NEER PILLAIYAR THIRUKOIL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the Order dated 07.08.2017 passed in A.P.No.13 of 2017 D2 by the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034, (hereinafter called as "the Commissioner, HR & CE") who disposed the Appeal with direction.

(2.) The petitioner is the tenant under the respondent. The respondent demanded arrears of rent as per G.O.Ms.No.353 dated 04.06.1999. Aggrieved by the same, the petitioner filed writ petition before this Court in W.P.No.19589 of 2016 and this Court disposed the writ petition with liberty to the petitioner to file a revision under Section 34-A(3) of HR & CE Act before the Commissioner, HR & CE, within a period of three weeks from the date of receipt of a copy of this order by making a pre-deposit of Rs.3,05,000/-. The petitioner filed an appeal in A.P.No.13 of 2017 D2 and the Commissioner, HR & CE, disposed the appeal and directed the petitioner to pay the arrears of rent which had accumulated to more than Rs.9,00,000/- within three months and to pay rent on revised rate. Aggrieved by the same, the present Civil Revision Petition has been filed.

(3.) The learned counsel for the petitioner would submit that the petitioner and her husband were living in the petition premises for the past 40 years. After her husband's demise, she alone is living in the premises. The petition premises does not have any amenities such as drinking water, drainage facilities etc. Therefore the Commissioner, HR & CE cannot fix the rent as per the Government Order. The Commissioner, HR & CE erroneously arrived at a conclusion that the petitioner did not deposit the sum of Rs.3,05,000/- as directed by this Court and came to the conclusion that the petitioner has to pay more than Rs.9,00,000/- and directed the petitioner to pay the said amount within a period of three months. So far the petitioner has paid a sum of Rs.8,95,604/- as on 30.06.2016 and the sum of Rs.3,05,000/- as directed by this Court. Thereafter, the petitioner has continuously been paid a sum of Rs.6000/- as monthly rent to the respondent without fail.