SOUTH INDIA CINE & T.V. DRIVERS ASSOCIATION, REP BY ITS SECRETARY Vs. COMMISSIONER, HINDU RELIGIOUS ENDOWMENT DEPARTMENT

JUDGEMENT

(1.) This writ petition is filed for issuance of a writ of certiorarified mandamus to quash the impugned demand notice which is undated issued by the third respondent with reference to the property bearing New No.6, Old No.18, Alagarperumal Kovil 1st Street, Vadapalani, Chennai - 600 026, and to further forbear the third respondent from demanding the enhanced rent retrospectively from 1/7/2016 in respect of the above said property and permit the petitioner to pay the arrears of rents to the third respondent.

(2.) The petitioner association is a tenant under the temple known as Arulmigu Vengeeswarar Alagarperumal and Nagathamman Temple, Vadapalani in respect of the property bearing New No.6, Old No.18, Alagarperumal Koil 1st Street, Vadapalani, Chennai- 600 026 measuring an extent of 1525 Sq. ft. and the said property was leased out to the petitioner for commercial purposes. It appears that the petitioner association was paying a very low rent in the past. It is stated that the rent payable by the petitioner was fixed at Rs.150.00 at the time of commencement of lease. The case of the petitioner association is that the petitioner has spent substantial amount for putting up construction in the rented premises. The petitioner has filed this writ petition challenging the impugned order passed by the third respondent fixing fair rent for the period from 1/7/2016 to 31/1/2022 on the ground of violation of principles of natural justice.

(3.) The learned Special Government Pleader appearing for the respondents admitted that the petitioner was not put on notice before the impugned order. In such circumstances, the learned Special Government Pleader appearing for the respondents submitted that the writ petition may be disposed of with a direction to the petitioner to prefer an appeal or to proceed with further enquiry or to pass order afresh after permitting the petitioner to submit his objections to the impugned order by treating the impugned order as a show cause notice. This Court is unable to countenance the submissions of the learned Special Government Pleader appearing for the respondents for the following reasons:-