R NACHIMUTHU Vs. ARULMIGHU DHANDAYUTHAPANI SWAMIGAL THIRUKOIL

JUDGEMENT

(1.) THE above writ appeal is directed against the order of learned Single Judge dated 15. 2. 2002 made in W. P. No. 12190 of 1995, in and by which the learned judge, after finding no merit in the claim of the writ petitioner, dismissed the writ petition.

(2.) FOR convenience, we shall refer the parties as arrayed in the writ petition.

(3.) ACCORDING to the petitioner, he was a lessee of the respondent, Arulmigu Dhandayuthapani Swamigal Thirukoil, Palani, in respect of a shop in the outer praharam of north-western extension, measuring 25' x 12' wherein he prepared aerated water and cool drinks and sold to devotees. The said business has been carried on for the past 60 years by his family. The shop was originally leased out to his elder sister's husband, by name, Marimuthu Pillai and after his demise, the lease continued in the name of his sister, Muthunachiammal and thereafter, it continued in the name of petitioner for the past 10 years. The shop was leased out by the Devasthanam and the rent was increased from time to time and as on date, there is no rent due from the petitioner.