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2012 Supreme(Mad) 4536

D.HARIPARANTHAMAN
S. B. Raju – Appellant
Versus
Commissioner Hindu Religious & Charitable Endowment (Admn. ) Department – Respondent


Advocates appeared:
For the Petitioner:G. Sugumaran, Advocate.
For the Respondents:R1 & R2, R. Kannan, Government Advocate, R3, S. Sounthar, Advocate.

Judgment :-

The petitioner was granted lease in respect of 12 acres and 70 cents of land situate at Kathiramangalam in Sirkazhi Taluk of Nagapattinam District by the third respondent for a period of three years from 01.07.2008 to 30.06.2011 and the lease rent was fixed at the rate of Rs.80,000/- per year.

2. The first respondent passed the order dated 19.3.2009 directing the third respondent to cancel the lease, as no prior permission was obtained from the first respondent. Now the lease period itself is over. At this juncture, the first respondent issued the order dated 12.10.2011 directing the second respondent to cancel the lease granted to the petitioner and also to bring the land for public auction.

3. The petitioner has filed this writ petition to set aside the said order dated 12.10.2011 of the first respondent.

4. The first and second respondents have filed a counter affidavit refuting the allegations.

5. Heard both sides.

6. The lands are owned by the third respondent. The third respondent is governed by the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and also the Religious Institutions (Lease of Immovable Property) Rules, 1963 (for sho






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