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 Government had accorded its sanction to such lease with a clause for automatic renewal for a further period of twenty five years on the ground that the petitioner/lessee is not agreeable for fixation of fair rent for the leased property which phenomenon will serve as a reason for the Collector to resume the lands on failure to perform the charity as mentioned in Section-41(2) (a)(iii) of the Act?

3. Mr.G.Masilamani, learned Senior Counsel appearing for the petitioner, at the first instance, highlighting upon core factual aspects, submitted thus:

The petitioner is a Public Charitable Trust established on 01.07.1890 with an avowed object of doing service to the downtrodden, orphans and poor people. In that perspective, the Trust has been running an Orphanage from the year 1892 along with an Educational Institution meant for orphans. In order to strengthen the constitution of the Samajam-Trust and to secure legal status, the Samajam was registered on 20.01.1893 under Act XXI of 1860. Consequently, on 18.12.1985, H.E.Lord Wenlock, G.C.I.E., the then Governor of Madras inaugurated the main building of the Samajam situated near Park Town, Chennai. The Samajam also started a Primary School named as “Chennapuri Annadana Samajam E.N.V. Sangam Primary School” at Park Town, Chennai, for the benefit of orphans in the Orphanage. Appreciating and recognizing the social services of the Samajam, the State Government also granted salary aid to the school ever since its inception. While so, in the year 1960, the petitioner- Trust was in great need of space to accommodate about 150 orphans maintained by it and R-3/temple, which was also running an Orphanage with 18 students at Greenways Road, Adyar, Chennai, was finding it difficult to continue the Orphanage run by it and, in the said background, R-3/Temple wanted the petitioner-Trust to take over the Orphanage run by the temple so as to continue the charitable activity of running the Orphanage in the name of the Trust and, in that regard, the temple also came forward to lease the lands owned by it in favour of the petitioner by applying to the State Government, seeking its sanction to lease the temple’s lands measuring to an extent of 103 grounds comprised in R.S. No.3896, Sundaram Salai, Greenways Road, Adyar, Chennai, under the proviso to Section 41 (1) of the Act. Accordingly, the State Government, in G.O. Ms. No.5273, dated 22.12.1960, sanctioned the lease of R-3/temple’s lands to the petitioner-Trust after satisfying itself with the terms of the lease that the petitioner-Samajam to have a lease of 103 grounds of land comprised in RS No.3896, Sundaram Salai, Greenways Road, Adyar, Chennai, for a period of 50 years on an annual rent of Rs.1,250/- with an option to renew the lease for a further period of 25 years on the sam