This writ petition challenged the HR & CE Department's attempt to evict petitioners from land in Krishnagiri District, citing unauthorized patta transfer. The court held that with the patta in the temple's name, the petitioner must seek its cancellation or follow due process for eviction, dismissing the petition.
Directiss to vacate granted to respondents.
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 :23.09.2019
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.25311 of 2009 and M.P.No.1 of 2009
rep. By its Trustee, Dhinnapalli Choodapuram Village, Belathur Post, Hosur Taluk, Krishnagiri District. ....Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbidding the respondents from invoking of exercising any of the coercive powers under the HR & CE Act (T.N. Act 22 of 1959) in respect of the petitioners' ownership, possession and enjoyment of dry land measuring 2.79.0 hectares in extend comprised in survey No.37 situated at Dhinnapalli Choodapuram Village, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.C.Raghunatha Reddy For Respondents: Mr.M.Maharaja, Special Government Pleader (HR & CE) [R1 to R4] D.Suriyanarayanan, Government Advocate for R5 ORDER (Order of the Court was made by V.BHARATHIDASAN, J.)
Writ petition has been filed seeking a direction to the respondents HR & CE Department from interfering with the petitioner land in Survey No.37 situated at Dhinnapalli Choodapuram Village, Hosur Taluk, Krishnagiri District.
+1cc to Mr.V.Vasanthakumar, Advocate, S.R.No.81682
W.P.No.25311 of 2009
and M.P.No.1 of 2009
SJ(CO)
GN(06/11/2019)
2 issues framed by the court
Whether a writ petition can be maintained to stop the HR & CE Department from invoking coercive powers regarding land possession.
Whether the transfer of the patta in the name of the temple without the petitioner's knowledge bars the petitioner's claim at this stage.
3 provisions across 3 enactments
M. Chinnanna and others
The Commissioner, Hindu Religious and Charitable Endowment
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
