C.Jayaraman v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.A.No.977 of 2025 and CMP.No.8058 of 2025 C.Jayaraman ... Appellant/Petitioner Vs.
1.
The Commissioner, Tamil Nadu Hindu Religious & Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
The Joint Commissioner - I, Tamil Nadu Hindu Religious & Charitable Endowments Department, EVK Sampath Buildings, 7th floor, DPI Campus, College Road, Chennai - 600 006.
The Executive Officer, A/m.Srinivasaperumal Temple, No.18, Vadiyar Kandpan Street, Choolai, Chennai - 600 112.
... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 13.03.2025 passed in W.P.No.8729 of 2025. For Appellant : Ms.G.Sumitra For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader for R1 to R3
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) Under assail is the order dated 13.03.2025 passed in W.P.No.8729 of 2025.
The writ petitioner is the appellant before this Court. Writ petition has been instituted questioning the validity of the tender notification dated 24.02.2025.
The grievance of the appellant is that scheme framed exist for the subject temple and without appointing the trustees, the Executive Officer is managing the temple properties and initiated action to lease out the property through impugned tender notification.
4.
The writ Court considered the facts and made a finding that the
order of the Commissioner dated 14.06.2017 reveals that the subject land has been leased out to tenants from the year 1948 onwards. When the temple filed a suit for eviction in OS.No.1643 of 1992, the tenants have filed application under Section 9 of the Chennai City Tenants Protection Act, 1921 and the said application was allowed in favour of the tenant on 13.07.1993. Thereafter, the temple filed appeal suit, which was allowed. The second appeal preferred by the tenant was also dismissed, consequently, possession was taken by the temple in E.P.No.3341 of 1993. Thereafter, action was taken to lease out the property by open tender notification which is impugned in the writ proceedings.
5.
The Commissioner also passed an order. When a tender notification has been issued to lease out the temple property in a transparent manner, the challenge made is untenable and the writ court has rightly rejected the petition. This Court do not find any infirmity nor the appellant has made out any acceptable ground for interference. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S,J.] [K.R.S,J.] 01.04.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Commissioner, Tamil Nadu Hindu Religious & Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
The Joint Commissioner - I, Tamil Nadu Hindu Religious & Charitable Endowments Department, EVK Sampath Buildings, 7th floor, DPI Campus, College Road, Chennai - 600 006.
The Executive Officer, A/m.Srinivasaperumal Temple, No.18, Vadiyar Kandpan Street, Choolai, Chennai - 600 112.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 01.04.2025