K.KASTURI Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) The writ on hand has been instituted to quash the order of attachment dtd. 21/3/2022 passed by the first respondent against the writ petitioner in respect of the third respondent-temple land.

(2.) The writ petitioner states that she had taken on lease of a vacant site to an extent of 2880 Sq. ft. comprised in T.S.No.23, Old Sur.No.29, Block No.29, Aminjikarai, Aminjikarai Taluk, Chennai District bearing New Door No.7, Prasanna Vinayagar Koil Street, Aminjikarai, Chennai 600029, within the Corporation limits of Chennai from the third respondenttemple, initially under registered lease agreement dtd. 14/9/1990 in document Nos.5652 and 5653 of 1990. The initial lease period was 5 years, which was renewed for a further period. The petitioner states that the renewal of lease was unregistered and the lease agreements were only in respect of the vacant land. The petitioner had put up superstructure over the temple land from and out of her own funds. She had raised ground plus two floors bearing old Door No.6, then Door No.5 and presently New Door.No.7, Prasanna Vinayagar Koil Street, Aminjikarai, Chennai - 600 029 in the lease site. The writ petitioner is using the building for commercial purposes and earning income from and out of the building. The petitioner is paying property tax. The petitioner states that the third respondent on 18/9/1990 had issued No Objection Certificate in favour of the petitioner for constructing superstructure in the lease land and to obtain electricity and sewage connections.

(3.) The third respondent issued notice dtd. 26/11/2018 to the writ petitioner to fix fair rent and asked the petitioner to submit her objections, if any, with reference to the calculation sheet along with the notice. The notice states that the Temple Administration proposed to fix the fair rent at the rate of Rs.27,510.00 as monthly rent with effect from 1/11/2001 including the superstructure built by the petitioner in the temple land. The proposed enhancement of 15% on the monthly rent in every three years is also stated. The value of the building was worked at Rs.25,47,812.00 and on the basis of the value, the monthly rent was tentatively arrived.