1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)Nos.9682 to 9689 of 2011 and M.P(MD)No.1 of 2011(In All W.Ps) M.Lakshmanan .. Petitioner in W.P(MD)No.9682/2011 M.Rasu .. Petitioner in W.P(MD)No.9683/2011 B.Ramasamy .. Petitioner in W.P(MD)No.9684/2011 M.Rasu .. Petitioner in W.P(MD)No.9685/2011 S.Mohammed Ismail .. Petitioner in W.P(MD)No.9686/2011 V.Lakshmiammal .. Petitioner in W.P(MD)No.9687/2011 A.Nallamani .. Petitioner in W.P(MD)No.9688/2011 S.Pavun Thai .. Petitioner in W.P(MD)No.9689/2011 Vs. 1.The Executive Officer, A/m.Uthanda Soundararaja Perumal Thirukoil, Gullapuram, Periyakulam Taluk, Theni District. 2.The Special Deputy Collector, (Revenue Court), Madurai. .. Respondent in all W.Ps COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent dated 20.10.2010 in F.R.A.Nos.6, 9, 10, 2, 19, 22, 21, 7 of 2000 on the file of the Special Deputy Collector (Revenue Court), Madurai and quash the same and consequently direct the respondent to collect the lease rent from the respective petitioner in cash as usual. For Petitioner : Mr.K.Appadurai (In All W.Ps) For R-1 : Mr.R.Anandha Raj, Govt. Advocate For R-2 : Mr.M.Govindan, Special Govt. Pleader COMMON ORDER The Writ Petitions have been filed to quash the impugned order of the second respondent dated 20.10.2010 in F.R.A.Nos.6, 9, 10, 2, 19, 22, 21, 7 of 2000 respectively, on the file of the Special Deputy Collector (Revenue Court), Madurai and quash the same and consequently direct the respondents to collect the fair rent from the petitioners in cash as usual. 2. Heard Mr.K.Appadurai, learned counsel for the petitioners and Mr.R.Anandha Raj, learned Government Advocate, Who takes for the first respondent and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the second respondent. 3. By consent, the Writ Petition itself is taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/ 2 4. All the eight Writ Petitions are filed by the cultivating tenants challenging that portion of the impugned order which directs the petitioners to pay the fair rent in kind, stating that the competent authority viz., the first respondent failed to take into consideration the prayer in the fair rent applications made by the Ist Respondent and the provision of law relevant to the claim in question. 5. The learned counsel for the petitioners relied upon Section 25 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act (57 of 1961)(in short "The Act") which reads as follows: 25.Fair rent may be paid in cash or in kind: -(1) The fair rent in respect of any land may be paid either in cash or in kind or partly in cash and partly in kind, in accordance with the terms of the contract between the public trust and the cultivating tenant; and in the absence of such a contract, the fair rent may be paid at the option of the cultivating tenant in any one of the above ways: Provided that the option shall be exercised within three months from the date on which the tenancy agreement takes effect and if the cultivating tenant does not exercise the option within the period aforesaid, the trustee of the public trust shall, by notice given to the cultivating tenant, specify the way in which the fair rent shall be paid by the cultivating tenant: Provided further that the option once exercised or the way once specified shall not be changed except by mutual agreement: Provided also that where the crop raised is paddy, the public trust shall have the right to insist that the rent shall be paid in kind. (2) Whenever adverse seasonal conditions result in the reduction of the gross produce from any particular crop to the extent of more than 25%, the public trust shall be bound to remit a proportionate part of the fair rent due to it from its cultivating tenant in respect of that land for that period: Provided that before admitting or inquiring into an application made by a cultivating tenant for remission of fair rent under this Section, the rent Court may impose such conditions as it considers reasonable in the circumstances of the case including conditions as to deposit of admitted rent which has become due." 6. Therefore, the payment of fair rent should be in accordance with the terms of the contract between the public trust and the cultivating tenants and that in the absence of contract, the fair rent may be paid at the option of the cultivating tenants in any one of the above mentioned ways. 7. In the present case, in respect of the eight petitioners, the fair rent application filed before the competent authority viz., the first https://hcservices.ecourts.gov.in/hcservices/ 3 respondent, admits that the fair rent has been paid in cash and enhancement was also sought for payment of fair rent in cash. Therefore, on a close reading of Section 25 of the Act and the application filed by the first respondent before the second respondent, there is no scope for the second respondent to order payment of fair rent in kind. This is contrary to Section 25 of the Act and the existing contract between the petitioners and the first respondent, wherein the payment of fair rent by way of cash. 8. Accordingly, the order of the second respondent, dated 20.10.2010, insofar as it directs the petitioners that 25% of the proceeds should be given to the first respondent in kind, is set aside and the petitioners are entitled to pay the fair rent in cash as per the terms of the fair rent application made by the first respondent before the second respondent. 9. All the Writ Petitions are allowed as above. No Costs. Consequently, connected miscellaneous petitions are closed. SD ASST REGISTRAR ( AE ) /TRUE COPY/ SUB ASST REGISTRAR pm To 1.The Executive Officer, A/m.Uthanda Soundararaja Perumal Thirukoil, Gullapuram, Periyakulam Taluk, Theni District. 2.The Special Deputy Collector, (Revenue Court), Madurai. DM::2011:SEPTEMBER:19:: W.P.(MD)Nos.9682 to 9689 of 2011 06.09.2011 3P:3C:: https://hcservices.ecourts.gov.in/hcservices/