R VINAYAGA SENGUNDER Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) APPEALS filed under Clause 15 of the Letters Patent against the order dated 2.7.2008 made in W.P.Nos.6784, 6785, 6786 & 10405 of 2005.) S.J. Mukhopadhaya, J. As the appeals have been preferred against the common order and common question of law is involved, they are disposed of by this common judgment.

(2.) THE appellants are running timber shops in the premises belonging to the temple, Arulmighu Karaneeswarar Tirukoil, Chennai (hereinafter referred to as "the temple") and were inducted as tenants since 1980 and 1999 respectively. In the year 2001, the rent was enhanced, but subsequently, by notices issued on 18th January, 2005, the rent has further been enhanced giving retrospective date of effect from 1st November, 2001 and arrears have also been claimed by the respondents. THEy preferred different writ petitions in 2005 challenging the order on the ground that (i) Fixation Committee report dated 22nd July, 2004 and Joint Commissioner's order dated 7th October, 2004 fixing rent were not served, only notices dated 18th January, 2005 issued by the Executive Officer were received (ii) fixing of rent from retrospective date is illegal (iii) insertion of Section 34-(A) to (D) during 2003 superseded G.O.Ms.No,353 dated 4th June, 1999 and hence fixing the rent on the basis of the G.O.Ms.No,353 dated 4th June, 1999 is wrong. Initially, interim stay was granted, but subsequently, by the common order dated 2nd July, 2008, all the writ petitions were dismissed there being alternative remedy of appeal available to the appellants.

(3.) THE learned Special Government Pleader appearing on behalf of the respondents accepted that the appellants are paying the rent as per the interim order from January, 2005 at the rate shown by this Court and quoted above.