LAWS(MAD)-2000-6-56

M IDAYATHULLA Vs. DEPUTY COMMISSIONER/EXECUTIVE OFFICER ARULMIGHU DHANDAYAUTHAPANI THIRUKOIL PALANI DINDIGUL DISTRICT

Decided On June 30, 2000
M. IDAYATHULLA Appellant
V/S
DEPUTY COMMISSIONER/EXECUTIVE OFFICER ARULMIGHU DHANDAYAUTHAPANI THIRUKOIL, PALANI DINDIGUL DISTRICT Respondents

JUDGEMENT

(1.) THE petitioners in these writ petitions are lessees in respect of vacant lands of the respondent Devasthanam, measuring about 10 feet X 10 feet each in the elephant path (slaping path) in Palani Hills.

(2.) ADMITTEDLY, the lease expires today. As the respondent Devasthanam do not propose to extend or renew the lease any longer, by impugned notice dated 29.5.2000, required the petitioners to vacate and surrender vacant possession of the respective lands to the respondent Devasthanam on or before 1.7.2000.

(3.) NO doubt, the lease of the petitioners itself comes to an end today, and therefore, they have no right to compel the respondent Devasthanam to renew the lease unless and otherwise the lease agreement provides for such renewal. As there is no automatic renewal. as per the terms of the lease agreement, I am of the considered opinion that the petitioners have no right to compel the respondent Devasthanam to renew the lease or extend the period of lease from 1.7.2000. Since the petitioners have no right to continue from 1.7.2000, they are under an obligation to vacate and surrender vacant possession to the respondent Devasthanam, otherwise, the respondent Devasthanam has right to call upon them to vacate and surrender vacant possession by the impugned proceedings.