C.Dhanapalan v. The Joint Commissioner

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.34999 of 2025 and W.M.P.(MD).Nos.27689 to 27691 of 2025 C.Dhanapalan ... Petitioner Vs

1. The Joint Commissioner, HR & CE Department, Ellies Nagar, Madurai South.

2. Thakkar, Arulmighu Sabarai Malai Ayyanar Thirukkovil, Panaiyur, Madurai South Taluk, Madurai District.

3. The Executive Officer, Arulmighu Sabarai Malai Ayyanar Thirukovil, Panaiyur, Madurai South Taluk, Madurai District.

4. Arunkumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the Tender Notification of the third respondent, dated 11.11.2025 and quash the same as illegal. 1/6

For Petitioner : Mr.D.Senthil For R-1 & R-2 : Mr.J.K.Jayaselan, Government Advocate For R-3 : Mr.Ramesh Mahadev

O R D E R

This Writ Petition has been filed seeking to quash the impugned Tender Notification issued by the third respondent dated 11.11.2025.

2. The learned counsel appearing for the petitioner would submit that the property comprised in Survey No.30/2 measuring an extent of 8.34 acres situated at Pannaiyur Village, Madurai South Taluk, Madurai District, belongs to the third respondent temple and is under the administration of the Hindu Religious and Charitable Endowments Department. It is submitted that the petitioner's father was the lawful tenant of the said temple land on the basis of a lease agreement entered into with the third respondent. After the death of the petitioner's father, the lease was peacefully and continuously continued by the petitioner based on subsequent lease deeds executed in his favour. The lease amount was regularly paid up to June 2021. However, after the outbreak of the COVID-19 pandemic, the authorities abruptly stopped collecting 2/6

the rent without issuing any notice to the petitioner. Thereafter, the property was brought for public auction without any notice to the petitioner and without proper publication, and in the said tender, the fourth respondent was declared as the successful bidder.

3. The learned counsel appearing for the third respondent would submit that the property was originally leased out only for a period of three years from 01.07.2016 to 30.06.2019. Thereafter, the petitioner continued to remain in possession of the property and cultivate the same without any valid lease. Due to the COVID-19 pandemic, steps were not taken immediately to lease out the property. It is further submitted that the petitioner's wife had also participated in the tender process.

4. This Court has considered the submissions made on either side. It is not in dispute that the lease period granted in favour of the petitioner expired on 30.06.2019. After the expiry of the lease period, the third respondent is well within its powers to call for fresh tender for leasing out the property. Though the tender was not issued immediately after the expiry of the lease, the same has now been properly issued on 11.11.2025. The petitioner cannot claim any vested right to continue in 3/6

possession of the temple land after the expiry of the lease period. His continued occupation thereafter is only as an unauthorized occupant. The participation of the petitioner's wife in the tender process further fortifies the fact that the petitioner was aware of the tender proceedings.

5. In such circumstances, the challenge made to the tender notification is wholly misconceived. This Court does not find any illegality or infirmity in the impugned tender notification warranting interference under Article 226 of the Constitution of India.

6. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 04.12.2025 Index : Yes/No Internet: Yes/No TSG To

1. The Joint Commissioner, HR & CE Department, Ellies Nagar, Madurai South.

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2. Thakkar, Arulmighu Sabarai Malai Ayyanar Thirukkovil, Panaiyur, Madurai South Taluk, Madurai District.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.34999 of 2025 04.12.2025 6/6