The Madras High Court has directed Amirthanjan Company to immediately vacate and hand over a parcel of land belonging to the Kapaleeswarar Temple in Mylapore, Chennai. A division bench led by Chief Justice S.A. Dharmadhikari upheld the earlier order passed by a single judge.
The disputed property—measuring 14 grounds and 910 sq ft on Luz Church Road—was originally leased in 1901 for 99 years to B.R. Sundara Iyer at a monthly rent of Rs 1,400. The lease rights were later transferred to Ramayi Ammal, and subsequently acquired by Amirthanjan, which continued paying the same rent for several years.
The lease term ended on August 27, 2000. The temple administration issued notices in 2001 and 2004 seeking vacating of the premises, but the company did not hand over possession. A committee constituted under HR&CE provisions in 2005 assessed the property and fixed a revised monthly rent of Rs 3.30 lakh, citing its central-city location.
Amirthanjan challenged the revised rent before the High Court. A single judge dismissed the petition and, on September 25 last year, ordered the company to pay rent arrears from November 1, 2001.
Hearing the company’s appeal, the division bench noted that the appellant was not the original lessee and had participated in the rent-fixation process. Observing that temples rely on such lease income for rituals and upkeep, the bench dismissed the appeal and confirmed the direction to vacate immediately.
