V. Bharathidasan, J. - (1.) Challenge in all these writ petitions is to the notices of eviction issued by the respondent temple authorities. The petitioners in these writ petitions are lessees and Association of lessees under different temples situate at various places in South Tamil Nadu. Since the issues involved in these writ petition are one and the same, they have been heard together and are being disposed of by this common order.
(2.) Brief facts, which lead to the filing of the writ petitions, are as follows:- The petitioners claim to be the lessees under different temples. The temples covered in these writ petitions are under the control of the Tamil Nadu Hindu Religious and Charitable Endowments [in short, "the H.R. & CE Department"]. The name of the temples are:- JUDGEMENT_37_LAWS(MAD)6_2018_1.html JUDGEMENT_37_LAWS(MAD)6_2018_1.html
(3.) According to the petitioners is that, they are lessees in respect of petty shops either inside the temple premises or outside the temple, abutting the compound wall or at a distance from the temple premises. They used to sell a range of products from plastic toys to puja articles. They have been paying lease amount to the temple authorities regularly and their families have been doing business years together, without any hindrance either to the worshipers or to the general public. While so, unfortunately on 02.02.2018, a major fire broke out in Veera Vasantharayar Mandapam in Arulmigu Meenakshi Amman Temple at Madurai. Following the above said fire accident, a High Level Meeting chaired by the Hon'ble Chief Minister of Tamil Nadu was held on 12.02.2018 and a policy decision had been taken in that meeting to protect and safeguard the temples, more particularly, historic temples, like Meenakshi- Sundareshwarar Temple at Madurai and to conserve their architectural heritage. Based on the policy decision taken by the State Government, the Commissioner, Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu, had issued a circular dated 14.02.2018 issuing various guidelines and directions to all the Executive Officers of the Temples under the control of HR & CE Department, to take precautionary measures to protect the temples from any fire accident. In the said circular, the Commissioner had also given directions (i) to ensure the safety of the temples and (ii) in the interests of the temples, the shops which are run either inside the temples' premises or abutting the compound walls of the temples should be removed by following due process of law. Pursuant to that circular, the Executive Officers of the respective Temples have issued the impugned notice of eviction directing the lessees to vacate the shop and hand over the possession of the same to the temples immediately.;