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Madras High CourtWP(MD)/20479/2025disposed of

C.Ravichandran v. The Commissioner

2025-07-28Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.Ravichandran ... Petitioner Vs.

1.The Commissioner, The Hindu Religious and Charitable Endowment Department, Nungambakkam High Way, Chennai - 600 034.

2.The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Madurai District.

3.The Assistant Commissioner, The Hindu Religious and Charitable Endowment Department, Madurai District.

4.The Inspector, The Hindu Religious and Charitable Endowment Department, Madurai District.

5.The Executive Officer, Arulmigu Kalyanasundarashwarar Kamatchiamman Temple, Melur Taluk, Madurai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take appropriate steps to regularize the petitioner as a lessee and fix the lease 1/5

amount for the survey no.94/2b, with an extent 49 cents, 94/2D with an extent 21 cents total extent 70 cents of Melur Village belongs to the 5th respondent's temple Arulmigu Kalyanasundarashwarar Kamatchiamman by considering the representation dated 11.06.2025.

For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For Respondents : Mr.S.S.Madhavan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus to direct the respondents to take appropriate steps to regularize the petitioner as a lessee and fix the lease amount for the survey no.94/2b, with an extent 49 cents, 94/2D with an extent 21 cents total extent 70 cents of Melur Village belonging to the fifth respondent temple Arulmigu Kalyanasundarashwarar Kamatchiamman by considering the representation dated 11.06.2025.

2. It is submitted that the petitioner is a sub lessee of the original tenant, who has died. The petitioner claims to be in possession of the property and he has been carrying on agricultural activity. It is submitted that the petitioner is willing to regularize the defaults committed by the deceased original tenant and take the property on lease.

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3. The learned Additional Government Pleader for the respondents submits that the property can be leased to the petitioner only in accordance with the Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

4. Since the petitioner has been in occupation of the land for a long period of time, the respondents 3 and 5 shall consider the request of the petitioner for regularising the defaults and for granting lease for further period before the rights in the property is brought to auction in accordance with Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs. 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Commissioner, The Hindu Religious and Charitable Endowment Department, Nungambakkam High Way, Chennai - 600 034.

2.The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Madurai District.

3.The Assistant Commissioner, The Hindu Religious and Charitable Endowment Department, Madurai District.

4.The Inspector, The Hindu Religious and Charitable Endowment Department, Madurai District.

5.The Executive Officer, Arulmigu Kalyanasundarashwarar Kamatchiamman Temple, Melur Taluk, Madurai District.

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C.SARAVANAN, J.

sn W.P(MD).No.20479 of 2025 28.07.2025 5/5