M.Shamugarajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.Nos.1615, 1613, 1619, 1614, 1616 and 1617 of 2021 and C.M.P.Nos.10067, 10066, 10068, 10065, 10063, 10085, 10070, 10083, 10074, 10071 and 10072 of 2021 M.Shanmugarajan .. Appellant in W.A.1615/2021 S.Krishnamurthy .. Appellant in W.A.1613/2021 N.Nalliah .. Appellant in W.A.1619/2021 M.Shanmugarajan M.Pandi Kumar M.Dhanalakshmi .. Appellants in W.A.1614/2021 Cause title accepted vide order dated 23.06.2021 passed in C.M.P.9339/2021 in WASR.4641/21.

S.Mohammed Kabeer .. Appellant in W.A.1616/2021 M.Pandikumar .. Appellant in W.A.1617/2021 Vs 1.The Commissioner, H.R & C.E. Department, Nungambakkam High Road, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.1, West Chithirai Street, Madurai - 625 001.

3.Chairman of the Trustees Arulmigu Sithanathaswamy Thirukoil, Ramasamy Asari Lane, South Veli Street, Madurai - 625 001.

.. Respondents/Respondents in all Wps

Prayer in W.A.Nos.1615, 1613, 1619, 1614, 1616 and 1617 of 2021 :- These Writ Appeals are filed under Clause 15 of Letters Patent against the common order dated 11.11.2020 made in W.P.No.860/11, 862/11, 863/11, 865/11, 861/11, and 864/2011 respectively.

Prayer in W.P.Nos.860/11, 862/11, 863/11, 865/11, 861/11, and 864/2011:- These Writ Pettions are filed under Article 226 of Constitution of India praying to call for the records relating to the order dated 23.11.2010 passed in R.P.Nos.50,51,52,53,55,56 and 54 of 2008 D2 on the file of 1st Respondent herein respectively, confirming the order dated 12.06.2008 passed in RC.No.198/2006/E1 on the file of 2nd Respondent herein and to quash the same.

For Appellant :

Mr.S.Subbiah, Senior Counsel for Ms.Elizabeth Ravi in all cases For Respondents :

Mr.S.John J Raja Singh Government Counsel for R1 and R2 in all cases Mr.V.Srikanth for R3 in all cases COMMON JUDGMENT (Delivered by M.M.SUNDRESH, J.) All these appeals arise out of the common order and therefore, they have been taken up for hearing and disposed of by a common judgment.

2. The appellants herein, claiming to be the tenants of the respondent/temple, filed writ petitions challenging the impugned order dated 23.11.2010 invoking Section 21 of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959. The aforesaid impugned order was passed on the revision petitions filed by the appellants against the common order passed by the second respondent in exercise of power conferred under Section 78(4) of the HR&CE Act.

3. After hearing the appellants, the second respondent while giving a finding that the lease granted expired long time back and the rent having not been paid, the appellants are declared as encroachers and thus directed them to hand over the possession. Challenging the aforesaid common order passed,

revision petitions have been filed by the appellants in R.P.Nos. 50 to 56 of 2008. Taking note of the fact that there was no material to hold that the properties were actually let out by the trustee contrary to the provisions of the Act, and, therefore, without obtaining appropriate permission coupled with the lack of renewal, the finding rendered by the second respondent that they are the encroachers was confirmed by the revisional authority. It has also been recorded that the report of the Assistant Commissioner was taken into consideration and there is no basis for continuing the appellants any longer.

4. Learned Single Judge dismissed the writ petitions, inter alia, holding that the very lease granted by themselves do not conform to the provisions of the Act, no right is created in favour of the appellants. Reliance has been made on Section 77 of the Act. That position being admitted and the occupation of premises by the appellants being within the temple precincts, the learned Single Judge found that the reasoning of respondents 1 and 2 is perfectly in order. Aggrieved over the dismissal of the writ petitions, the present appeals have been filed.

5. Learned Senior Counsel appearing for the appellants reiterated the submissions made before the learned Single Judge. It has been submitted that the appellants being in possession for quite number of years, they should be treated as tenants even otherwise.

6. We do not find any reason to interfere with the order passed by the learned Single Judge. We are dealing with the cases where the factual findings have been rendered by the second respondent as confirmed by the first respondent. Learned Single Judge found that the very permission granted in the name of so-called lease being contrary to the enactment by the erstwhile trustee, no right is created. We also find that even the so-called lease has expired and there is also arrears of rent. Thus, looking from any perspective, we do not find any reason to interfere with the orders passed.

7. We do not know as to how the provisions of the Transfer of Property Act would apply to the cases on hand. Thus, we are not in a position to uphold the submissions made as against the findings rendered by respondents 2 and 1, leading to the orders of eviction.

8. Though the learned Senior Counsel for the appellants submitted that taking into consideration the long possession, sufficient time may be granted, we are not inclined to accede to the said request in view of the categorical statement made by the learned counsel appearing for the third respondent that the possession has been taken pursuant to the order of dismissal

passed by the learned Single Judge on 26.02.2021, which factum is not denied or disputed.

9. In such view of the matter, the writ appeals stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Commissioner, H.R & C.E. Department, Nungambakkam High Road, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, No.1, West Chithirai Street, Madurai - 625 001.

+1cc to M/s.Elizabeth Ravi, Advocate (SR No.32759) +1cc to The Goverment Pleader (SR No.33653) W.A.Nos.1615,1613,1619, 1614,1616 and 1617 of 2021 GMI (CO) PR (12/08/2021)