A SIKKANTHAR Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the Executive Officer, Arulmighu Mahadeva Swamy Thirukovil, Madurai, the fourth respondent herein dated 04.07.2017, directing the petitioner to hand over the possession and enjoyment of the temple property and another order passed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, the second respondent herein dated 10.07.2017 refusing to accept the petitioner's request to transfer the lease in his favour.

(2.) Heard Mr.S.Sukumar, learned counsel appearing for the petitioner, Mrs.J.Padmavathidevi, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.S.Manohar, learned counsel appearing for the fourth respondent.

(3.) According to the petitioner, a vacant lands to an extent of 1024 sq.ft in D.No.10 PQ (Madurai Ward No.5, Block No.35, Town Survey No.7 to 24), Rajamill road, Madurai Town, Madurai belongs to the fourth respondent temple. In the year 1977, the said property has been let out to one Rajathiammal and she has erected superstructure wherein her husband carried on tyre retreading business and they were also paying rent to the fourth respondent. Subsequently, in the year 1995, the above said Rajathiammal, sub-let the said premises to the petitioner and thereafter, he is doing tyre rebutton business there and he is also paying rent to the son of the original lessee namely, Rajathiammal. In the year 2011, the fourth respondent has initiated proceedings to evict the original tenant on the ground that there was a huge arrears of lease amount and the second respondent also passed an order dated 27.01.2016 declaring the said Rajathiammal as an encroacher and directed her to hand over the possession.