K RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner has preferred the Writ Petition praying for issuance of Writ of Certiorarified Mandamus, in calling for the records of the First Respondent in its order in G.O.Ms.No.24, Tamil Development, Religious and Information (A.Ni.1) Department, dated 19.01.2010 and to quash the same. Further, he has sought for passing of an order by this Court directing the Respondents 1 to 3 to recognise him as a direct tenant under the 4th Respondent/Temple in respect of a portion in property bearing No.173, Royapettah High Road, Mylapore, Chennai 600 004 by fixing a reasonable rent on executing a fresh Lease Deed.

(2.) According to the Petitioner, the property bearing No.173, Royapettah High Road, Mylapore, Chennai 4 belonged to Arulmighu Apparswamy Temple, represented by its Hereditary Trustee/4th Respondent. Originally, in the said property one Sakunthala Ammal was a tenant under the temple for residential purpose on a monthly rent of Rs.250/-. She was an occupation of the said property for well over 40 years and living alone from the year 1963 onwards, since her son C.Dhinakar joined IPS and she staying at Bangalore.

(3.) The Petitioner's wife R.Selvi, who was a servant-maid of said R.Sakunthala was helping her for well over 20 years and his family was living in the said property. During the year 2002, when said Sakunthala was experiencing in different health. She had to quite often to live at Bangalore at her son's place and during her absence, she allowed his wife to live in the said premises. The monthly rent in respect of the property was being paid without any default by the said Sakunthala. In fact, Sakunthala had allowed his wife R.Selvi as a permissive occupier in the said property. Later on 31.12.2008 the said Sakunthala died at Bangalore and by virtue of the permission granted to his wife his family was residing in the said property and also paying monthly rent to the temple and it was received regularly at the rate of Rs.2,000/- per month.