IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice T.V.THAMILSELVI
JAGS EDUCATIONAL TRUST – Appellant
Versus
THE TEMPLE ADMINISTRATION – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.05.2025 CORAM:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI and WMP.Nos.21699 & 21710 of 2025 Jags Educational Trust, Rep. by its Authorised Representative, Ms.Aarthi Duraisamy, Plot Nos.5&6, Ambal Nagar, Pallikaranai, Chennai – 100. ...Petitioner -Vs-
1.The Temple Administration, Arulmigu Lakshmi Narayana Perumal Temple (Main Temple), Arulmigu Aathipureeswarar Temple (Sub Temple), Arulmigu Veerathamman Temple (Sub Temple), HR & CE Department, Government of Tamil Nadu, Pallikaranai, Chennai – 600 100.
2.The Executive Officer, Arulmigu Lakshmi Narayana Perumal Temple (Main Temple), Arulmigu Aathipureeswarar Temple (Sub Temple), Arulmigu Veerathamman Temple (Sub Temple), Pallikaranai, Chennai – 600 100.
3.The Thakkar, Arulmigu Lakshmi Narayana Perumal Temple (Main Temple), Arulmigu Aathipureeswarar Temple (Sub Temple), Arulmigu Veerathamman Temple (Sub Temple), Pallikaranai, Chennai – 600 100. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, to call for the records of the impugned notices dated 21.04.2025 and 14.05.2025 on the file of the respondents, quash the same and all consequential actions thereto, including the sealing of the leased premises, and consequently direct the respondents to forthwith unseal the property to enable the petitioner to use the same in terms of the lease deed dated
30.04.2024 and the approvals already granted.
For Petitioner : Mr.E.Om Prakash, Senior Counsel for M/s.MP.Gunasri For R1 to R3 : Mr.N.R.R.Arun Natarajan, Special Government Pleader (HR & CE)
O R D E R
This writ petition has been filed to quash the notices dated
21.04.2025 and 14.05.2025 on the file of the respondents and all consequential actions thereto, including the sealing of the leased premises and consequently to direct the respondents to forthwith unseal the property to enable the petitioner Trust to use the same in terms of the Lease Deed dated
30.04.2024 and the approvals already granted.
2.The petitioner states that it is a duly registered educational trust operating a school. The petitioner became the successful bidder in the auction conducted by the respondent Temple on 22.02.2024 for the lease of vacant land to be used for sports and educational purposes. A commercial Lease Deed dated 30.04.2024 was executed between the Petitioner herein and the Temple authorities and it has been duly signed by the 3rd Respondent for usage of the Vacant land admeasuring 40350 sq.ft. situated at Survey No.250, Lakshminarayana Perumal Street, Pallikaranai, Chennai, as a school playground and for putting up temporary classrooms and sheds.
3.The petitioner further states that the said lease was granted on payment of Rs.2,25,785/- per month for the whole year. The lease is said to have commenced from June 2024 and the monthly rents have been adjusted from the amount paid and the same continues to be in force. The petitioner states that the said property, at the time of the grant of lease, was with thorny shrubs and was in a inhabitable condition. Pursuant to the lease, when the authorities visited the property for handing over, it was found that approximately 4900 sq.ft. of the land was lying as part of road for access to the nearby layout of house plots and was not the temple property. Further huge electric poles for transmission of electricity are running across the land. Hence, the petitioner could not be put in possession of the property as per the lease deed. The portion of the land is thus inaccessible and unusable, directly affecting the utility and value of the property.
4.The petitioner further states that they had engaged surveyors to measure the leased land, and based on the report submitted by them, it was found that only 35,450.259 square feet was handed over to the petitioner. However, as per the lease agreement, the total extent of land leased was 40,350 sq.ft. Th
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