IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.11..2009 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P.No.35583 of 2004 Chennai-Chennai Puranagar Thirukkoil Manaigalil Kudiyiruppor Nalasangangalin Koottamaippu, rep. By its President Mr.P. Rathinam, 81-A Thiruvalluvar Street, Jagadambigai Nagar, Padi, Chennai 600 050. ..Petitioner Vs. 1. The State of Tamil Nadu, rep. By its Secretary to the Government, Tamil Development – Culture and Religious Endowments Department, Fort St. George, Chennai.9. 2. The Commissioner, Hindu Religious & Charitable Endowments Board, Fort St. George, Chennai.9. 3. The Joint Commissioner, Madras Circle, H& & CE, Chennai.34. 4. The Executive Officer/Fit Person, Arulmighu Thiruvalliswarar Thirukkoil, Kailasanathar Thirukkoil, Padi, Chennai.50. 5. The Hereditary & Managing Tustee, Arulmighu Thiruvalliswarar Thirukkoil, Padi, Chennai.50. ..Respondents https://hcservices.ecourts.gov.in/hcservices/ Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring that the Amendments to Sections 34-A, B,C & D of The Tamil Nadu Hindu Religious and Charitable Endowment Act No.25 of 2003, dated 7.7.2003 (Amendment Act 2003), is violative, Arbitrary, null and void, unconstitutional and unenforceable in law as the amendments shall have no application to the Members of the Petitioners, as per the list enclosed in respect of the fixation of the enhanced lease rents pertaining to the properties belonging to the respective temples now under the occupation and enjoyment of the Members of the first three associations till the representation is heard and a finality is reached in fixing the new rent. For Petitioner : Mr. Madhuri Donti Reddy For Respondents : No Appearance – R1 to R3 Mr. A.S.Karunakaran – R4 & R5 ORDER This writ petition is filed for declaring that the Amendments to Sections 34-A, B, C & D of the Tamil Nadu Hindu Religious and Charitable Endowment Act No. 25 of 2003, dated 7.7.2003 (Amendment Act 2003) is violative, Arbitrary, null and void, unconstitutional and unenforceable in law as the amendments shall have no application to the Members of the petitioners, as per the list enclosed in respect of the fixation of the enhanced lease rents pertaining to the properties belonging to the respective temples now under the occupation and enjoyment of the members of the first three associations till the representation is heard and a finality is reached in fixing the new rent. 2. The subject matter of the present writ petition stands resolved by the decision of the Division Bench of this Court in W.A.No. 8 of 2008, dated 6.2.2009, whereby the provisions, which are under challenge in this writ petition has been upheld. 3. In view of the above, nothing survives in this writ petition and the same is dismissed. Consequently, WP.MP No.45236 of 2004 is also dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to the Government, Tamil Development – Culture and Religious Endowments Department, Fort St. George, Chennai.9. 2. The Commissioner, Hindu Religious & Charitable Endowments Board, Fort St. George, Chennai.9. 3. The Joint Commissioner, Madras Circle, HR & CE, Chennai.34. 4. The Executive Officer/Fit Person, Arulmighu Thiruvalliswarar Thirukkoil, Kailasanathar Thirukkoil, Padi, Chennai.50. 5. The Hereditary & Managing Tustee, Arulmighu Thiruvalliswarar Thirukkoil, Padi, Chennai.50. + 1 c.c. to Mr. T.D.K. Govindarajan, Advocate. S.R.No.63786. + 1 c.c. to The Government Pleader. S.R.No.63711. WP.No.35583 of 2004 RSM (CO) GSK 14.12.2009. https://hcservices.ecourts.gov.in/hcservices/