SHANMUGAM CHETTIAR Vs. THE JOINT COMMISSIONER-CUM-EXECUTIVE OFFICER, ARULMIGHU DHANDAYUTHAPANI SWAMY THIRUKOIL
LAWS(MAD)-2015-5-23
HIGH COURT OF MADRAS (FROM: MADURAI)
Decided on May 14,2015

Shanmugam Chettiar Appellant
VERSUS
The Joint Commissioner -Cum -Executive Officer, Arulmighu Dhandayuthapani Swamy Thirukoil Respondents





Cited Judgements :-

COMMISSIONER VS. D.CHELLAM [LAWS(MAD)-2018-3-6] [REFERRED TO]
S JEYAMALAR VS. K NOOR MOHAMMED [LAWS(MAD)-2018-3-478] [REFERRED TO]
S.JEYAMALAR AND OTHERS VS. COMMISSIONER, COLACHEL MUNICIPALITY [LAWS(MAD)-2018-3-1170] [REFERRED TO]


JUDGEMENT

- (1.)The challenge in all these writ petitions is to an auction notification, issued by the respondent Temple, dated 28.04.2015, published in the Tamil Daily Thinamani on 03.05.2015. Since the issue raised in all these writ petitions are identical, they were heard together and are disposed of by this common order.
(2.)Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent Temple.
(3.)The admitted facts are that the petitioners were inducted as lessees of shops owned by the respondent Temple. The petitioners, pursuant to the lease granted in their favour, are in possession of the respective shops from 2004-05 onwards. The petitioners claim that they have been paying rents promptly without any default and once in every three years the respondent Temple revised the lease rent by enhancing the same by 15%, which has been accepted and paid by the petitioners and they are not in default. While so, notices were issued to the petitioners by the Competent Authority calling upon them to vacate and hand over the possession of the shops, failing which, they were informed that action would be initiated under Section 78 of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter, referred to as 'the Act'). While so, the impugned auction notification was issued by the respondent Temple proposing to bring for auction the leasehold right of the shops to be granted for a period commencing from the date of approval of grant of lease till 30.06.2018.


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