Madras High Court
G.Poongavanam vs The Joint Commissioner on 6 November, 2024
Author: D.Krishnakumar
Bench: D. Krishnakumar
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2024
CORAM:
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
WA No.3216 of 2024
and
C.M.P. No.24903 of 2024
G.Poongavanam ... Appellant
versus
1.The Joint Commissioner,
HR& CE Joint Commissioner Office,
Villupuram.
2. The Assistant Commissioner,
HR& CE Assistant Commissioner Office,
Cuddalore.
3. Tahsildar,
Panruti Taluk, Panruti.
4. Thakkar/Fit Person,
(Gurulakshmi Ammal Trust),
Panruti, Cuddalore District.
5. S. Neelavathi Ammal
6. Gurulakshmi Ammal ...Respondents
R5 and R6 are Suo motu impleaded as per order of this court dated
1/7
https://www.mhc.tn.gov.in/judis
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
01.10.2024.
PRAYER: Writ Appeal filed under Clause 15 of Letters Pattern to set aside
the order passed by this Court in W.P. No.27647 of 2023 dated 25.10.2024.
For the Appellant :Mr.S. Sundaresan
For R1 to R4 : Mr.NRR. Arun Natarajan
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single
Judge in W.P. No.27647 of 2023 dated 25.10.2024.
2. Learned Special Government pleader submits that the
respondents 5 and 6 were appointed as hereditary trustees under Section 63
of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
Subsequently, they were removed from the hereditary trustees. The
appellant being a lessee cannot have any legal right in the aforesaid property
https://www.mhc.tn.gov.in/judis
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
in question. Further, the lease period already expired in March, 2024.
Therefore, the appellant cannot claim any right.
3. Learned Special Government Pleader further submits that if the
property in question is brought under auction, it will fetch more revenue for
the temple whereas the appellant has paid only Rs.200/- per month to the
respondent Temple. He further submits that the appellant can participate in
the tender cum auction to the conducted by the respondent Department. He
further submits that respondent department may be granted three months
time to complete the tender cum auction of the property in question.
4. Learned Special Government Pleader submits that respondent
temple need a portion of land for the purpose of temple.
5. At this juncture, learned counsel for the appellant fairly agreed
that the appellant will remove all the belonging, if any, in the subject
property in question, within a period of 15 days time. Such an undertaking
has also been given before the learned Single Judge.
https://www.mhc.tn.gov.in/judis
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
6. Learned counsel for the appellant further submits that the
superstructure in the property in question, shall not be removed till the
finalisation of the lease in favour of the parties. After the finalisation of the
lease, based on the request of the lessee, if necessary, the respondent
Department can take necessary action for removal of the said superstructure
or other permanent structure, which has been constructed in the property in
question.
7. After hearing the parties, in the interests of the Temple, this
Court is inclined to pass orders as follows:
i) The respondent Department shall conduct auction cum tender,
to lease the property in question by way of inviting bidders and the said
exercise shall be completed within a period of three months, from the date of
receipt of a copy of this order.
ii) The appellant can participate in the aforesaid tender cum
auction. In case, any third party is the highest bidder, the respondent
department shall provide opportunity to the appellant by private negotiations
with the highest bidder and if the appellant has offered higher tender amount
than the successful bidder, then the respondent Department has to consider
https://www.mhc.tn.gov.in/judis
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
the appellant in the interests of the revenue of the temple.
iii) It is made clear that the appellant shall vacate the property in
question within a period of two weeks from the date of receipt of a copy of
this order.
iv) After the finalisation of the lease, it is the discretion of the
authority concerned, on the request made by the lessee for the removal of
superstructure in the property in question which has been constructed in the
property in question.
v) Though the respondent temple has sought for a portion of land
in the property in question, the temple has not stated clearly as to why it is
needed. If the temple requires for public purpose, the respondent
department can file an appropriate application before this Court and seek for
necessary orders.
8. With the above directions, the writ appeal stands disposed of.
There shall be no order as to costs. CMP No.24903 of 2024 is closed.
(D.K.K.,J) (P.B.B., J.)
06.11.2024
https://www.mhc.tn.gov.in/judis
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
Index : Yes/No
Neutral Citation : Yes/No
mrn
To
The Joint Registrar of Cooperative Societies
(Revisional Authority u/s.153 of
Tamil Nadu Cooperative Societies Act, 1983)
Salem Region,
No.410, Collectorate Complex,
Salem District
https://www.mhc.tn.gov.in/judis
WA No.3216 of 2024 and C.M.P. No.24903 of 2024
D.KRISHNAKUMAR, J.
and
P.B. BALAJI, J.
(mrn)
06.11.2024
https://www.mhc.tn.gov.in/judis
