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2018 Supreme(Mad) 4279

IN THE HIGH COURT OF MADRAS, MADURAI BENCH
V. BHARATHIDASAN, J.
S. Kumar - Appellant
Versus
Commissioner, Hindu Religious & Charitable Endowment Department - Respondent
Writ Petition (MD) Nos.4069 to 4113, 4158 to 4180, 3719 to 3722, 3942, 4023 to 4028, 4058 to 4061, 3970 to 4001,4030, 3610 to 3615, 3649 to 3660, 3688, 3755 to 3773, 2642, 3835, 4335, 3604, 3606, 3607, 3871, 4337, 4371, 4488, 4498, 4505, 4665, 4789 to 4793, 4798 to 4800, 4933, 6801, 7027, 5155 to 5157, 5534, 5072 to 5085, 5298, 5607, 5870, 5974 to 5990, 6002, 5630, 3909, 6138 to 6142, 6144, 6170, 6172, 4320, 4334, 6268, 6271 to 6278, 6280, 6312 to 6315, 6483, 6490, 6491, 6574 to 6576, 6651 to 6658 of 2018 and WMPs
Decided On : 04-06-2018

Advocates Appeared:
For the Petitioners: Mr. K. Balasubramani.
For the Respondents:Mr. Chellapandian, Addl. Advocate General Assisted by Mr. V.R. Shanmuganathan, SPL. Government Pleader, Mr. Aayiram K. Selvakumar, Addl. Government Pleader and Mrs. J. Padmavathi Devi, SPL. Government Pleader, Mr. P. Mahendran, Standing Counsel.

Headnote:

Tamil Nadu Hindu Religion and Charitable Endowments Act, 1959 - Sections 34-B, 77, 78 and 80 - Notices of eviction - Lease - Executive Officers of the respective Temples have issued the impugned notice of eviction directing the lessees to vacate the shop and hand over the possession of the same to the temples immediately - Held, Since all these petitioners have been in possession of lease-hold areas for long number of years and in the prevailing situation, it is very difficult for them to find out a suitable private accommodation near by the temples immediately - In the said circumstances, this court is of the view that the petitioners should be given some breathing time, enable them to find out suitable alternative place to carry on their business - Writ petitions dismissed

JUDGMENT :

V. BHARATHIDASAN, J.

1. Challenge in all these writ petitions is to the notices of eviction issued by the respondent temple authorities. The petitioners in these writ petitions are lessees and Association of lessees under different temples situate at various places in South Tamil Nadu. Since the issues involved in these writ petition are one and the same, they have been heard together and are being disposed of by this common order.

2. Brief facts, which lead to the filing of the writ petitions, are as follows:-

The petitioners claim to be the lessees under different temples. The temples covered in these writ petitions are under the control of the Tamil Nadu Hindu Religious and Charitable Endowments [in short, "the H.R. & CE Department"]. The name of the temples are:-

Sl. No. Name of the Temple

1 Arulmigu Meenakshi Sundareswarar Temple, Madurai, Madurai District,

2 Arulmigu Subramaniya Swamy Thirukovil, Thirupparankundram, Madurai District

3 Arulmigu Madhanagopalasamy Temple, West Masi Street, Madurai, Madurai District

4 Arulmigu Sevugaperumal Ayyanar Temple, Annanagar, Madurai (Sub Temple of Arulmigu Madhanagopala Swamy Temple, Madurai), Madurai District.

5 Arulmigu Anjaneyar Temple, Krishnarayar Tank Street, (Sub Temple of Arulmigu Madhanagopala Swamy Temple), Madurai, Madurai District.

6 Arulmigu Nellaiappar Arultharum Gandhimathi Ammal Temple, Tirunelveli, Tirunelveli Distirct

7 Arulmigu Sankara Narayana Swamy Temple, Sankarankovil, Tirunelveli District

8 Arulmigu Thirucourtallanatha Swamy Thirukovil, Tirunelveli

9 Arulmighu Viswanatha Swamy Thirukkovil , Sivakasi, Virudhunagar District

10 Arulmighu Nachiyar (Aandal) Temple, Srivilliputhur, Virudhunagar District

11 Arulmighu Bhagavathi Amman Thirukovil, Kanyakumari, Kanyakumari District

12 Arulmigu Aranganatha Swamy Temple, Srirangam, Trichy District

13 Arulmigu Thayumanava Swamy Temple, Malaikottai, Trichy, Trichy District.

14 Arulmigu Naganatha Swamy Temple, Trichy, Trichy District.

15 Arulmigu Ramanatha Swamy Temple, Rameshwaram, Ramanathapuram District.

3. According to the petitioners is that, they are lessees in respect of petty shops either inside the temple premises or outside the temple, abutting the compound wall or at a distance from the temple premises. They used to sell a range of products from plastic toys to puja articles. They have been paying lease amount to the temple authorities regularly and their families have been doing business years together, without any hindrance either to the worshipers or to the general public. While so, unfortunately on 02.02.2018, a major fire broke out in Veera Vasantharayar Mandapam in Arulmigu Meenakshi Amman Temple at Madurai. Following the above said fire accident, a High Level Meeting chaired by the Hon'ble Chief Minister of Tamil Nadu was held on 12.02.2018 and a policy decision had been taken in that meeting to protect and safeguard the temples, more particularly, historic temples, like Meenakshi- Sundareshwarar Temple at Madurai and to conserve their architectural heritage. Based on the policy decision taken by the State Government, the Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, had issued a circular dated 14.02.2018 issuing various guidelines and directions to all the Executive Officers of the Temples under the control of HR & CE Department, to take precautionary measures to protect the temples from any fire accident. In the said circular, the Commissioner had also given directions (i) to ensure the safety of the temples and (ii) in the interests of the temples, the shops which are run either inside the temples' premises or abutting the compound walls of the temples should be removed by following due process of law. Pursuant to that circular, the Executive Officers of the respective Temples have issued the impugned notice of eviction directing the lessees to vacate the shop and hand over the possession of the same to the temples immediately.

4. In so









































































































































































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