ARULMIGU ANGALA PARAMESWARI AND KASIVISHWANATHASWAMI TEMPLE ADIMANAIVEAL HOUSE OWNERS ASSO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ appeal and writ petition are heard together. THE lessees are mainly aggrieved that Section 34 A of the Tamil Nadu H.R. & C.E. Act, 1959 as it reads now provides for fixing the rent without giving them a hearing and they are also aggrieved by requirement of pre-deposit for filing the appeal.

(2.) MR.V.Raghupathi, learned counsel for the petitioner and the learned Additional Advocate General on behalf of the respondents made their submissions. The State has issued the circular dated 2.2.2009 to show that instructions have been issued to the authorities to give an opportunity to the tenants before the rent is finally fixed. This has been placed before us.

(3.) W.P.1611/2008 has been filed by a single lessee on the ground that Section 34-A (2) does not afford opportunity to the lessees before fixing the rent and therefore arbitrary and unconstitutional.