Multiple writ petitions seeking mandamus for vacation of shop premises were dismissed. The Court held that disputes regarding ownership of the land and temple trusteeship are civil matters决定着 appropriate for Civil Courts, not judicial review.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.Nos.16883, 16900, 16894, 16887, 16985, 17002, 16970 & 17200 of 2020
and WMP.Nos.20953, 20945, 20947, 20966, 20967, 20952, 20960, 20961, 21089, 21063, 21077, 21088, 21066, 21074, 21249 & 21882 of 2020
T.M.Mohammed Sulthan .. Petitioner in WP.16883/2020 Thahasharbudeen Meeran .. Petitioner in WP.16900/2020 Mohammed Ali .. Petitioner in WP.16894/2020 Sabiya .. Petitioner in WP.16887/2020 Saroja .. Petitioner in WP.16985/2020 M.Rajendran .. Petitioner in WP.17002/2020 M.K.Kunju Abdullah .. Petitioner in WP.16970/2020 P.Isaac Dass .. Petitioner in WP.17200/2020
Vs
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai- 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore- 18.
3.The Executive Officer, Arulmigu Sri Varasithi Vinayagar Thirukkoil, South Ukkadam, Coimbatore. 4.K.Natarajan
5.The District Collector, Coimbatore District Collectorate Coimbatore- 641 018.
6.The Commissioner, Coimbatore City Municipal Corporation, Big Bazaar Street, Coimbatore- 641 001.
8.S.Saravanamurthy
…Respondents in all WPs
Prayer in WP.NOs.16883,16900,16894,16887,16985 & 17002/2020: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus, to direct the respondents 1 to 3 to handover to the petitioner the possession of the shop land to an extent of 300 Sq.Ft comprised in S.No.1888 of Coimbatore Town and having Door No. 78-C/ A,78-A,78-C/B,67,78C,78-B,78-C/C Podhanur Main Road South Ukkadam Coimbatore along with payment of Rs. 10 lakhs with interest towards compensation and damages for the demolished superstructure and removed goods owned by the petitioner.
Prayer in WP.No.16970 and 17800 of 2020:
Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus,Directing the respondents 1 to 3 to handover to the petitioner the possession of the shop land to an extent of 675 sq.ft and 6 Feet*4 Feet comprised in S.No.1888 of Coimbatore Town and having Old Door No.75 New No.79 Podhanur Main road South Ukkadam Coimbatore along with payment of Rs.10 lakhs with interest towards compensation and damages for the demolished superstructure and removed goods owned by the petitioner.
(In all WPs) For Petitioner : Mr.V.Jeevagiridharan For Respondents : Mr.M.Karthikeyan (for R1 & R2) Special Government Pleader (HR&CE) Mr.V.Rajesh Vivekananthan (for R3) Mr.S.Thangavel (for R5 & R7) Special Government Pleader Mr.K.Magesh (for R6) Standing Counsel
COMMNON ORDER
These writ petitions are filed by persons in occupation of several shops in Survey No.1888 Door Nos.78-C/A, 78A, 67, 78C/B, 78C, 78B, 75 and 78C/C, Podhanur Main Road South Ukkadam, Coimbatore (premises in question) along with a claim of Rs.10 lakhs as interest towards compensation and damages for demolition of super structure and the removal by goods owned by the petitioners from the aforesaid premises.
Sd/-
Assistant Registrar(CS III)
//True Copy// Sub Assistant Registrar
Sl
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Chennai- 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore- 18.
5.The Commissioner, Coimbatore City Municipal Corporation, Big Bazaar Street, Coimbatore- 641 001.
+3ccs to Mr.K.Magesh , Advocate SR.No. 38965 to 38967 +1ccs to Mr.R.Rajesh Vivekanadan , Advocate SR.No. 38959 +1 cc to Government Pleader Sr.No. 39053 to 39055 +1 cc to Spl Government Pleader HR & CE Sr.No. 39144 to 39151 W.P.Nos.16883, 16900, 16894, 16887, 16985, 17002, 16970 & 17200 of 2020 and WMP.Nos.20953, 20945, 20947, 20966, 20967, 20952, 20960, 20961, 21089, 21063, 21077, 21088, 21066, 21074, 21249 & 21882 of 2020
cp co A.SK(05.03.2021)
2 issues framed by the court
Whether the High Court can grant a writ of mandamus directing handover of possession of shop land where ownership of the land is disputed in civil suits.
Whether the Civil Court is the appropriate forum to adjudicate disputes regarding the right of trusteeship in a temple.
T.M.Mohammed Sulthan
Thahasharbudeen Meeran
Mohammed Ali
Sabiya
Saroja
M.Rajendran
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
