U SANTHOSH Vs. EXECUTIVE OFFICER, ARULMIGHU KANDASAMY TEMPLE

JUDGEMENT

(1.) These civil revision petitions are filed against the orders made in A.P.Nos.18 and 19 of 2012 on the file of the Commissioner of H.R. & C.E. Department, Chennai-34, whereby the appeals preferred by the petitioners under section 34(A) of the Hindu Religious and Charitable Endowments Act, 1959 against the notice dated 15.09.2011 issued by the respondent herein, were dismissed.

(2.) The petitioners are tenants under the respondent temple in respect of premises measuring 52 sq.ft. and 823 sq.ft. respectively. The Fair Rent Fixation Committee fixed the rent at Rs.656/-p.m. and Rs.6,750/-p.m. respectively through proceedings dated 18.03.2002 and communicated the same to the petitioners also on 01.04.2002.

(3.) It is seen that before fixing the fair rent, the petitioners herein were heard on 18.03.2002 and even after passing of the said order fixing the fair rent and communicated the same to the petitioners as early as in the year 2002, they have not chosen to challenge the same. What was under challenge before the Commissioner of H.R & C.E. is against a notice issued by the respondent herein on 15.09.2011, calling upon the petitioners to pay the arrears of rent due to the temple till 30.06.2011. The Authority below considered the fact that the petitioners have not filed any appeal against the original order of fixing the fair rent and what was challenged is against a consequential notice issued by the respondent. Therefore, the appeals preferred by the petitioners were dismissed holding the same were not maintainable. Challenging the said common order passed in the appeals, the present civil revision petitions are preferred before this Court.