L.VARALAKSHMI Vs. COMMISSIONER

JUDGEMENT

(1.) These Writ Appeals arise out of the common order of the learned Single Judge, dtd. 17/12/2019 dismissing W.P.Nos.23541 and 23542 of 2008. In W.P.No.23541 of 2008, the appellant challenged the notice-cumorder, dtd. 15/7/2008 fixing increased rent in respect of the premises at Door No.40, South Kasar Garden Street, Aminjikarai, Chennai. In W.P.No.23542 of 2008, a Writ of Declaration is prayed to declare that the respondents have no power and jurisdiction to treat the schedule mentioned land as temple land by virtue of order of Settlement Tahsildar, Chengalpattu, dtd. 31/3/1971 and inver of Sec. 43 of Tamil Nadu Act 30 of 1960.

(2.) The case of the appellant / writ petitioner is that her father T.S.Duraisami Naidu, was in occupation of the land of an extent of 1 Ground and 1820 Sq.ft., comprised in S.No.70/2 part in Aminjikarai village having put up a superstructure 80 years before. The land was assessed to Urban Land Tax by the Assistant Commissioner of Urban Land Tax. The name of the temple is mentioned as Ekamberashwarar Devasthanam and present owner as T.S.Duraisami Naidu.

(3.) The State of Tamil Nadu enacted the Tamil Nadu Minor Inams Abolition and Conversion into Ryotwari Act, 1963 (Act 30 of 1963) (hereinafter 'the Act'), under which, the Settlement Tahsildar had passed an order, dtd. 31/3/1971, granting joint ground rent patta to the petitioner's father. The same had become final. Thus, the ownership of the property vested with the petitioner. However, the petitioner's father and others in the locality continued to pay an amount to the temple in the name of rent. Taking advantage of the same, by the impugned order, rent is sought to be revised, that too retrospectively. The authorities have no jurisdiction in respect of the same and hence the petitions.