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2014 Supreme(Online)(Mad) 109

MADRAS HIGH COURT
CHENNAPURI ANNADANA SAMAJAM – Appellant
Versus
STATE OF TAMIL NADU – Respondent


Advocates:
['M/S MANI SUNDARGOPAL', '', 'T SATHIYAMOORTHY', 'Y SHENTHIL RAJ', 'A UMAPATHY', 'M/S S KANDASWAMY SPL GPHR&CE', '', 'FOR R & R', 'M/S N VARADARAJAN', 'T USHA THOLAGAPPIAN', 'A MANJU MATHA FORR']

ORDER

The petitioner herein seeks for issuance of a writ of certiorarified mandamus to call for the records relating to the order dated 08.06.2012 bearing Na.Ka.No.2793/86/A4 on the file of R-3 and also the consequential Order dated 08.10.2012 bearing Na.Ka.No.2793/86/A4 culminating in the order dated 31.01.2013 bearing Na.Ka.No.2793/86/A4 on the file of R-3, quash the same and consequently, direct the respondents to renew the lease period on the same terms and conditions of the lease deed dated 12.04.1961.

2. The only question involved for consideration in the present writ petition is,

“ when there was a lease granted under Section 41(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act (hereinafter referred to as the Áct')- in favour of the petitioner - Chennapuri Annadhana Samajam as Lessee by the Lessor-Trustee of the third respondent/temple for a period of 50 years with a specific clause for automatic renewal of lease for a further period of 25 years on the same terms and conditions, without there being any violation of the lease conditions, whether the third respondent/temple is legally entitled to refuse for extension of the lease more particularly when the Govern

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