HR and CE told to fix rent for temple assets at market rate

Justice SM Subramaniam on dismissing a petition moved by a tenant of a temple property said, “This court has to draw the factual inference that there is a possibility of collusion between the officials and petitioner in this regard, more specifically, in respect of fixation of rent. These kinds of greedy men are attempting to take away the properties donated by some good-hearted people for the benefit of devotees and for the benefit of this temple.”

“Enhancement cannot be made in a manner to deprive the temple from getting fair rent from the tenants. Thus, it is a legitimate right of the owner/deity to accept that fair rent is fixed. Such a rent is collected and credited in the account of the temple for the benefit of the people at large,” Justice Subramanian added.

He further noted that enhancement of rent is to be done periodically and lease agreements are to be executed in a proper manner by following the provisions of the Act and rules. The premises leased out cannot be allotted without any agreement.

As per the case, Jayabaratham Marketing was in occupation of the building to an extent of 3,555 square feet at Rs 2,000 per day. This was subsequently enhanced to Rs 4,500 in 2012. But owing to the default committed by the petitioner, the joint commissioner HR&CE had initiated vacation proceedings and collected the arrears of rent to be paid to the temple in 2015. Claiming that the enhancement was made without proper assessment and without providing any opportunity, the petitioner moved the court. Based on an interim order, the petitioner paid Rs 30 lakh, the arrears of rent amount.

However, when the matter was taken up for final hearing in July 18, 2018, the petitioner agreed to vacate the premises within three months and an assurance was offered through an affidavit. But thereafter, he moved the present miscellaneous petition stating that he is unable to vacate the premises and he is ready to pay the enhanced rent of Rs 4,500 per day for the extension period.

However, Justice Subramaniam, on observing that once the petitioner has not made out any acceptable legal ground for grant of relief, directed HR&CE to evict the petitioner within 48 hours and pay Rs 69.41 lakh, the arrears of rental due within four weeks.