Interim stay on HR&CE’s eviction notice granted

MADURAI: The Madurai bench of Madras High Court granted an interim stay on an eviction notice issued by the Hindu Religious and Charitable Endowments (HR&CE) department to vacate a commercial shop from a land belonging to Madurai Adheenam.

RS Elavarasan, filed a writ petition in the HC Bench seeking to quash the notice issued by the Assistant Commissioner of HR&CE department, Madurai, on April 24 this year. Counsel for the petitioner stated that his client entered into a lease deed with the previous Sannidhanam in April 2010 for running a commercial shop on the land owned by the Adheenam.

However, the successor pontiff after assuming charge issued an eviction notice as if the petitioner occupied the premises in an illegal way without any lease deed, and hence the present writ petition.

Additional Government Pleader appearing for the respondents stated that the earlier pontiff entered into a lease deed with the petitioner contrary to the provisions of Section 34 of the Hindu Religious and Charitable Endowments Act, 1959 and that is why the eviction notice. Section 34 of the HR&CE Act permits lease only for a period of five years. However, contrary to that time-limit, the earlier pontiff executed a lease deed in favour of the petitioner, which was not sustainable, and further, as of date, the petitioner has arrears to the tune of Rs 51,93,798.

Considering the prima facie case, Justice M Dhandapani granted an interim stay on the condition that the petitioner should deposit a sum of Rs 25 lakh within a period of two weeks, failing which the interim order granted by the court would automatically stand vacated.