Chandrasekaran v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.04.2025 Coram THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.14093 of 2025 Chandrasekaran .. Petitioner vs.
1. The Joint Commissioner HR & CE Department ( Hindu Religious and Charitable Department) Dr.Balasundaram Road Coimbatore - 600 018
2. The Deputy Commissioner/Executive Officer Arulmigu Subramaniaswamy Temple Marudhamalai Coimbatore - 641 046 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings in Na.Ka.No.442/2022/A4 dated 20.01.2025 on the file of the second respondent herein, quash the same and consequently direct the respondents herein to permit the petitioner to continue the lease period for the current fasali 1434 i.e., 12.01.2023 to 11.01.2026.
For Petitioner :
Mr.K.Govi Ganesan For Respondents :
Mr.N.R.R.Arun Natarajan Spl.Govt. Pleader (HR & CE)
O R D E R
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The writ petition is filed challenging the impugned proceedings dated 20.01.2025. By the said proceedings, the petitioner was directed to surrender the property which is in his possession.
2. Mr.Govi Ganesan, learned counsel for the petitioner would submit that by a lease deed dated 18.01.2023, an agricultural land has been leased out to the petitioner for a period of three years which is subsisting upto 11.01.2026 and the petitioner has cultivated plantain trees and the standing crops are there as on date. According to the learned counsel for the petitioner, it will take another four months to harvest the standing crops and thereafter only the petitioner can surrender possession.
3. The learned Special Government Pleader appearing on behalf of the respondents would submit that the land in question is needed for putting up of the constructions for the temple purpose including staff quarters and to make facilities for the devotees of the temple. He would further submit that the respondents will grant time until the harvest is made and according to learned Special Government Pleader, three months would be enough for the same.
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4. I have considered the request that is made by learned counsel on both sides. It can be seen that there are standing crops. According to learned counsel for the petitioner it will take four months for the harvest to be completed. Therefore, this writ petition is ordered on the following terms:
i) No coercive step of disturbing the possession and enjoyment of the petitioner in respect of subject matter of land can be taken for another four months i.e., upto 21.08.2025 after which the petitioner shall vacate and handover possession of the property;
ii) In the meanwhile, the petitioner shall pay and keep on paying the proportionate rent until the date of occupation by the petitioner.
This writ petition is disposed of with the above directions. Consequently the connected miscellaneous petition is closed. There shall be no order as to costs.
21.04.2025 Index: Yes Speaking Order gpa 3/6
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To
1. The Principal District Judge Cuddalore Cuddalore District - 607 001
2. The Sessions Judge Mahila Court Cuddalore Cuddalore District - 607 001
3. The Principal Sub Judge Cuddalore Cuddalore District - 607 001
4. The Section Officer ER Section Madras High Court 5/6
D.BHARATHA CHAKRAVARTHY., J gpa 21.04.2025 6/6