N A ALIHAN Vs. ARULMIGU DHROWPATHY AMMAN THIRUKOVIL

JUDGEMENT

(1.) This Writ petition is focussed to get issued a Writ of Certiorarified mandamus calling for the records relating to the order made in na. Ka. No.21979/2004/m1 dated 18.12.2004 passed by the first respondent in confirming the orders dated 01.01.2004 and 03.07.2004 passed by the second respondent and quash the same and direct the respondents to fix the monthly rent of the petitioner shops bearing Door Nos.54, 55 and 56, Kadai Veedhi, tenkarai, Periyakulam in terms of G. O. Ms. No.353, Tamil Development, Culture and religious Endowments Department dated 04.06.1999 and consequently refund the excessive amount collected from the petitioner.

(2.) Heard both sides.

(3.) The facts giving rise to the filing of this petition as stood exposited from the records would run thus: incontrovertibly and indubitably, the petitioner is a lessee under the third respondent in respect of three shops. The petitioner was paying Rs.300/-per mensum as rent for each shop concerned. While so, the third respondent vide his communication dated 01.01.2004, fixed the revised rent at the rate of rs.600/- for two shops and Rs.560/- for one shop with retrospective effect so to say, with effect from 01.11.2001. It so happened that the petitioner sent a petition to the Chief Minister's Cell of Tamil Nadu, which in turn forwarded the same to the Commissioner, Hindu Religious and Charitable Endowments Board, chennai - 600 034 for consideration and the Commissioner in turn communicated vide letter dated 27.12.2004, to the petitioner that since the revised rent was fixed as per G. O. Ms. No.353, dated 06.03.1999, no further analysis is required.