High Court of Madras dismissed a Writ Petition filed under Article 226 challenging a temple's attempt to take over a petitioner's property. The court found the petition lacked cause of action as the threat was pertain to different land numbers.
Writ Petition dismissed, No Costs, connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P.No.28225 of 2013 & M.P.No.1 of 2013
S.Suresh .. Petitioner
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents from taking over possession of the petitioner's house situated in Door Nos.18/163, Gandhi Nagar, Kangayam in S.No.561/2, Kangayam Village, Kangayam Taluk, Tiruppur District to the extent of 5 cents unless due process of law.
For Petitioners : Mr.C.Prakasam
For Respondents : Mr.K.Ganesan (for R1)
Mr.S.Diwakar, Spl.G.P. (for R2)
O R D E R
The petitioner has filed this Writ Petition to forbear the respondents from taking over possession of the petitioner's house situated in Door Nos.18/163, Gandhi Nagar, Kangayam in S.No.561/2, Kangayam Village, Kangayam Taluk, Tiruppur District, to the extent of 5 cents, unless due process of law.
2. The learned counsel appearing for the petitioner has submitted that the petitioner is enjoying the house site, he constructed house after obtaining necessary permission from the local authority concerned. The first respondent has putup a board in the petitioner's land and threatening him that the land
belongs to the first respondent / temple and he should hand over the said house site with building to the first respondent. Hence, the petitioner has filed this Writ Petition with the aforesaid prayer.
W.P.No.28225 of 2013 & M.P.No.1 of 2013
KSJ(CO) sp/21/2
1 issue framed by the court
Whether the Writ Petition seeking forbearance from taking over possession of the petitioner's house should be allowed despite the temple respondent's claim regarding different land numbers.
1 provisions across 1 enactments
S. Suresh
The Executive Officer, Sivanmalai Subramaniya Swamy Temple
The Tahsildar, Kangayam Taluk
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
