G. GOPAL CHETTIAR Vs. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION) DEPARTMENT AND ORS.

JUDGEMENT

(1.) THIS is a petition for the issue of a writ of certiorari to call for the records of the Commissioner, Hindu Religious and Charitable Endowments and the Deputy Commissioner, Tanjore and to quash their orders by which a lease granted in favour of the petitioner by the trustee of the Swayambunathaswami temple was cancelled.

(2.) IT is necessary to set out a few facts to appreciate the contentions of the petitioner. The 3rd Respondent in this petition, the Pandarasannathi of the Dharmapuram Adhinam is the hereditary trustee of the abovesaid Swayambunathaswami temple at Peralam. The present petition is concerned with a lease effected by the trustee, of an extent of 275.96 acres of nanja and 22.28 acres of punja, in favour of the petitioner on an annual rental of 2,900 kalams of paddy, Rs. 300 in cash, 500 coconuts, 500 coconut palm leaves, 400 bundles of straw, 5 kalams of blackgram and. 5 kalams of green gram. The term of the lease was 5 years and the lease was granted on 14th June, 1957. Freshes were soon expected in the river and hence agricultural operations had to be immediately commenced and the petitioner did so. But meanwhile by an order dated 16th July, 1957 passed by the Commissioner, the said lease has been directed to be cancelled and it is the validity of this cancellation that is challenged in this writ petition.

(3.) BEFORE , however, discussing the questions involved, there is one fact that I need mention, that the trustee, the 3rd Respondent appeared through Counsel and supported the petitioner in impugning the validity of the order of the Commissioner, for the reason that the lease executed by him was in the best interests of the institution, and that the institution would suffer grievous injury if the lease were cancelled. I shall now proceed to set out the statutory provisions which are relevant for the decision of this petition.