The Madurai Bench dismissed a writ petition challenging eviction proceedings from a temple shop, noting the eviction had already been executed and noting the petitioner's failed appeal and unverified revision petition.
The writ petition stands dismissed with no costs; connected writ miscellaneous petitions are also dismissed.
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.
W.P(MD)No.9611 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2020 CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P(MD)No.9611 of 2020 and W.M.P(MD)Nos.8653 & 8655 of 2020
Subramanian ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai.
Hindu Religious and Charitable Endowments Department, Madurai.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.
4.The Assistant Commissioner/Executive Officer, Arulmigu Koodalalagar Temple, Madurai.
5.The Inspector of Police, Thideer Nagar Police Station, Madurai. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.No.2643/20154.Aa1, dated 27.07.2020 issued by the third respondent and quash the same as illegal and consequently, forbear the respondents, their subordinates, servants and men, from disturbing the petitioner's possession in the shop No.8, Perumal Theppakulam, East Zone, Town Hall Road, Madurai – 1.
For Petitioner : Mr.S.Subramanian
For Respondents : Mr.K.P.Narayanakumar Special Government Pleader for R.1 to R.3 & R.5 Mr.S.Manohar for R.4
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W.P(MD)No.9611 of 2020
ORDER
(Order of the Court was made by M.SATHYANARAYANAN,J. )
The petitioner was granted licence by the fourth respondent temple in a vacant plot admeasuring 126 sq. ft., for running the business in a pushcart and without permission, he has put up a semipermanent structure and that apart, he also encroached and was in occupation of 155 sq. ft. The second respondent, on the basis of the representation submitted by the third respondent, had initiated action and passed a detailed order, vide Na.Ka.No.7503/2015/E1, dated 15.12.2015, in and by which, he directed the third respondent to initiate appropriate action under Section 81(5) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, as amended by Act 39 of 1996, with the help of police and hand over the possession to the fourth respondent.
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W.P(MD)No.9611 of 2020
Assistant Registrar ()
// True Copy //
/ /2020 Sub Assistant Registrar(CS )
RSB
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W.P(MD)No.9611 of 2020
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned.
To
Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai.
W.P.(MD)No.9611 of 2020 and W.M.P(MD)Nos.8653 & 8655 of 2020
20.08.2020
SPU (07.09.2020) 4P 7C
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3 issues framed by the court
Whether the writ petition filed to quash proceedings related to eviction and restore possession is maintainable in view of the already executed eviction.
Whether the petitioner's livelihood claim warrants granting appropriate remedy in this writ petition.
Whether the connected miscellaneous petitions require any further adjudication.
Subramanian
The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai
The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai
The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai
The Assistant Commissioner/Executive Officer, Arulmigu Koodalalagar Temple, Madurai
The Inspector of Police, Thideer Nagar Police Station, Madurai
M.Sathyayanayan
P.Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
