SIVAPRAKASA PANDARA SANNADHI AVARGAL ADHEENAKARTHAR THIRUVADUTHURAI ADHEENAM THIRUVADUTHURAI AND HEREDITARY TRUSTEE OF THIRUVADUTHURAI ADHEENAM THIRUVADUTHURAI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from in any manner collecting the arrears land revenue upto fasli 1406 for the lands owned by the petitioner.)Heard Mr.T.Sudhan Raj, the learned counsel appearing for the petitioner and Mr.M.R.Jothimanian, the learned Government Advocate appearing for the respondents.

(2.) IT is submitted that the petitioner/Adheenam is holding vast extent of lands and the income derived from the lands is utilised for the purpose of perpetuation and preservation of its saintly order, maintenance of agamas in temples, chanting of scriptures, daily poojas and conducting festivals etc., and for philanthropic purposes. Though no ceiling had been fixed with regard to the extent of agricultural lands that could be owned by the petitioner/Adheenam, several enactments have been made imposing certain restrictions on the use of such lands. Thus, it was mandated that agricultural lands in excess of 20 standard acres were to be leased out to tenants on yearly basis. The laws had also been enacted providing for the protection of the tenants of such lands and for the constitution of revenue Courts to deal with the disputes arising from such tenancy.

(3.) A direction had been issued in the said suit by the District Munsif, directing the revenue authorities not to collect the land revenue from their tenants and to collect the land revenue only as per the existing rules. It has also been stated that the petitioner/Adheenam had not allowed the tenants to pay the kist directly to the revenue authorities, even though the tenants were ready to pay the kist amount to the revenue authorities and to adjust it with the rent payable to the petitioner/Adheenam. However, many of the petitioner/Adheenam's tenants have been paying the rents due from them regularly. Therefore, the relief sought for by the petitioner/Adheenam in the present writ petition cannot be countenanced.