Procedural irregularities in public lease transactions do not invalidate the purpose when the object serves public welfare.

JUDGMENT :

R.SUBRAMANIAN, J.

The appellant is aggrieved by the dismissal of the Writ Petition in WP No.29684 of 2024, challenge in which was to the notice published in ‘Makkal Kural’ a Tamil Daily on 08.09.2024. The said notice was published by the first respondent calling for objections from the Public to the proposed lease of land of an extent of 2.40 acres belonging to the second respondent to Arulmigu Kapaleeswarar Temple for housing the Arts and Science college run by the said Temple. The Lease was proposed to be for a period of 25 years.

2. The said publication was made in compliance with the requirements of the proviso to Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “the Act, 1959”). It was the primary contention of the petitioner before the Writ Court is that the publication is not in conformity with the requirements of the provisions of the Alienation of Immovable Trust Property Rules,1960, framed under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3. The short facts that are required for the disposal of the Appeal are as follows:

3.1. An extent of 2.40 acres of land in Kolathur Village belongs to the second respondent viz. Sri Somanathaswamy Temple at Kolathur. Arulmigu Kapaleeswarar Temple, a major temple in Chennai had started a Arulmigu Kapaleeswarar Arts and Science College in Kolathur from the Academic Year 2021-2022. At present there are 743 students pursuing both Under Graduate and Post Graduate Courses in the said Institution. The said Institution is now being run in a Private rented building.

3.2. In order to facilitate construction of own Buildings for the said College, the Government had allotted an extent of 1.44.20 hectares of land. As the said land was insufficient, it was decided to take on lease the land measuring about of 2.45 Acres in TS No.12, Old Survey No.89/4, Block 25 of Kulathur village belonging to the second respondent Temple. Originally the first respondent approved the lease for a period of 5 years vide proceedings dated 27.11.2023. The fair rent payable was fixed at Rs.3,19,000/- per month by the Fair Rent Fixation Committee by order dated 03.10.2022.

3.3. The Education Department, however, required a lease for a period of not less than 25 years to enable it to grant permanent recognition to the College. Therefore, a request was made by the Management of the College for lease for a period of 25 years which resulted in initiation of action under Section 34 of the Act of 1959. Section 34 of the Act, 1959 provides that any exchange, sale or mortgage and any lease for a term exceeding 5 years of any immovable property belonging to a Hindu Religious Institution shall not be valid unless it is sanctioned by the Commissioner. Proviso to Section 34 of the Act of 1959 requires a publication to be made by the Commissioner inviting objections and suggestions with respect to the proposal for sale or lease of immovable property for a period more than 5 years.

3.4. The Government has framed Rules under the Rule making power providing for the modalities for making such publication. These Rules are called the Alienation of Immovable Trust Property Rules, 1960. The Rules laid down the procedure to be followed by the Commissioner in granting sanction under Section 34 of the Act of 1959. It is the claim of the appellant that these Rules have not been strictly followed and the publication made does not confirm to the requirements of Rule 2 of the Rules.

4. According to the appellant, the violations have prevented the public from making out well informed objections or suggestions for the proposal to lease out the lands belonging to the Temple. The appellant would also contend that the guideline value of the property has not been properly adverted to while fixing the rent.

5. The Writ Petition was resisted by the respondents contending that the purpose for which the land is to be leased is also a public purpose and me