N DHANASEKARAN Vs. TAMIL NADU GOVERNMENT

JUDGEMENT

(1.) The issues to be decided in all these batch of writ petitions are similar. The relief sought for are also one and the same. Thus all the writ petitions are taken together for hearing and a common order is passed.

(2.) The factual matrix in nutshell to be considered for the purpose of deciding these batch of writ petitions are that, the petitioners claim that they are lessees of the property belongs to Arulmigu Dhandayuthapani Temple, Palani. The writ petitioners are paying the monthly rent and a nominal rent was initially fixed by the temple authorities and subsequently the rent was periodically enhanced. The writ petitioners made a submission that the monthly rent due to the temple is being paid punctually and there is no arrears of rent to be deposited in the temple accounts. The grievances of the writ petitioners are that the third respondent issued a notification dated 28. 04. 2015 to auction the shop in their possession and subsequently the third respondent caused a paper publication in "Thinamani", Tamil news paper in this regard.

(3.) Challenging the said notification, the writ petitioners along with other tenants filed W. P. (MD)No. 7926 of 2015. The batch of writ petitions were allowed by this Court on 14. 05. 2015. The third respondent filed Writ appeals against the said order in W. A. (MD)No. 511 to 594 of 2015. This Court allowed the writ appeal on 06. 01. 2016 stating that, the writ petitioners and the other tenants who all are the parties to the writ proceedings did not establish a cause of action to challenge the auction notification. During the pendency of the writ appeal, the third respondent initiated action for enhancement of the rent vide proceeding dated 09. 07. 2015 and the same was referred as damages.