R SIVADHANU PILLAI Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) THIS Writ petition is focussed to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the second respondent in No. 809/05/03 dated 29. 06. 2005 and quash the same as illegal, void and arbitrary and direct the respondents to follow the procedures contemplated under Section 34 C of the Tamil Nadu Hindu Religious and Charitable Endowments act, 1959.

(2.) HEARD both sides.

(3.) THE facts giving rise to the filing of this petition as stood exposited from the records would run thus: the petitioner is admittedly and indubitably a tenant with effect from 17. 09. 1978 under the second respondent, The Deputy Commissioner/executive officer, Incorporated and Unincorporated Devaswom, Suchindrum, Kanyakumari district, which is covered by the Tamil Nadu Hindu Religious and Charitable endowments Act, 1959. The petitioner's father was a tenant of an extent of 86 cents of agricultural land. The said land is yielding two crops per year. According to the petitioner, for each harvest, he has to pay 300 litres of paddy to the second respondent and accordingly, he has to pay only 600 litres to the second respondent per year. Placing reliance on the receipts dated 13. 10. 2003 and 26. 03. 2004, the petitioner would contend that he was regular in paying 600 litres of paddy per year. While so, the second respondent without any manner of right, issued the impugned notice dated 29. 06. 2005 demanding 8791 litres which comes to Rs. 28,717/- (Rupees Twenty Eight Thousand Seven Hundred and Seventeen only) relating to the end of fasli year 1414.