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Madras High CourtWP/16710/2022dismissed

G.Rajendran (Deceased), v. The General Manager

2026-03-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 16710 of 2022 and W.M.P. No. 16016 of 2022 G.Rajendran (died) No.48, East Mariamman Koil Street, Kailampettai Street, Tiruvidaimaruthur, Tanjore District.

2.S.Mallikha, Wife of Suresh babu, No.27, Kalayani Street, Lakshmana Perumal Nagar, Kottivakkam, Chennai - 600 041.

3.A.Mahalakshmi, Wife of Arun, No.10, State Bank Staff Colony, 4th Street, Arumbakkam, Chennai - 600106.

4.R.Kalaiselvi, Wife of C.VijayAnand, No.22/13, Bundergarden, 2nd Street, Perumbur, Chennai - 600011.

(Sole petitioner died. L.R.s of the deceased sole petitioner are substituted as petitioners 2 to 4 vide order dated 11.03.2026 in W.M.P.No.10936 of 2026 in W.P.No.16710 of 2022) ..Petitioner(s) Vs.

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1. The General Manager Mutt and Temples, Dharmapuram Adheenam, Mayiladuthurai 609 001.

2. The Commissioner Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

..Respondent(s) PRAYER: To Call for the records in respect of the Impugned order Na.Ka. No. 461 / 1431 dated 13.06.2022 issued by the 1st Respondent and quash the same and consequently direct the 1st respondent to renew the lease agreement for a further period of three years based on the representation submitted by the Petitioner. For Petitioner(s):

Dr.R.Maheswari For Respondent(s):

Mr.S.Girish for R1.

Mr.S.Ravichandran, Additional Government Pleader for R2.

O R D E R

This writ petition has been filed to Call for the records in respect of the Impugned order Na.Ka. No. 461 / 1431 dated 13.06.2022 issued by the 1st Respondent and quash the same and consequently direct the 1st respondent to renew the lease agreement for a further period of three years based on the representation submitted by the deceased Petitioner. 2/6

2.The facts of the case in brief is that the deceased petitioner and his ancestors have been in enjoyment of the property situated in S.No.83/1 admeasuring 1260 sq.ft., at Thiruvidaimarudur Village belonging to Dharmapuram Adheenam under lease for over 120 years. The deceased petitioner had lastly entered into a lease agreement for a period of three years on 16.08.2019 and after a period of three years, the deceased petitioner has also sought for renewal of the lease agreement vide letters dated 10.06.2022 and 20.06.2022. However, the impugned termination notice dated 13.06.2022 vide proceedings in Na.Ka.No.461/1431, has been issued to the deceased petitioner stating the lease ends on 30.06.2022 and directed to vacate the premises and hand over possession on 01.07.2022 after removing the constructions, if any. Aggrieved by the said notice, this petition has been filed.

3.The learned counsel for the petitioners submitted that though the deceased petitioner had sought to renew the agreement, the same was not considered and the impugned notice has been issued directing the deceased petitioner to hand over the premises on 01.07.2022 before the expiry of the lease period i.e., on 16.08.2022 as per the lease agreement dated 16.08.2019. She further submitted that the deceased petitioner had not encroached the coconut grove behind the leased property and 3/6

there are ways to reach the coconut grove and only with an illegal motive to dispossess the leased land from the deceased petitioner, the impugned notice has been issued and thus, sought for allowing the writ petition. 4.On the other hand, the learned Additional Government Pleader appearing for the second respondent, submitted that an agreement was entered with the deceased petitioner for a period of three fasli years (1429 to 1431) as per the lease agreement dated 16.08.2019 and the period of lease expired on 30.06.2022 and thus, the termination notice has been issued.

He went on to state that the coconut grove measuring an extent of 40 cents of land behind the leased property, which has been encroached by the deceased petitioner actually belongs to one Rajankattalai and the deceased petitioner had prevented entry of the respondents to the coconut grove, which is the only pathway available to them. Hence, according to the learned counsel, the deceased petitioner was in illegal possession of the property in question and hence, sought for dismissal of the writ petition. 5.Heard the learned counsel for the petitioner and the learned counsel for the first respondent and the learned Additional Government Pleader appearing for the second respondent and perused the materials available on record.

6.Admittedly, as per the lease agreement dated 16.08.2019, the period of lease for the fasli years (1429 to 1431) expired on 30.06.2022. As the only pathway available to reach the coconut grove is through the property, which had been leased out to the deceased petitioner, this Court finds no infirmity in the impugned termination notice dated 13.06.2022. 7.Accordingly, this writ petition is dismissed with liberty to petitioners 2 to 4 / legal heirs of the deceased petitioner to send a representation to the respondents for allotment of any other property under lease in the vicinity of the property in question. No costs. Consequently, connected miscellaneous petition is closed. 11-03-2026 Index: Yes/No Speaking/Non-speaking order AY 5/6

M.DHANDAPANI, J AY To 1.The General Manager Mutt and Temples, Dharmapuram Adheenam, Mayiladuthurai 609 001.

2.The Commissioner Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

WP No. 16710 of 2022 11-03-2026 6/6