Aysha Banu v. The Secretary
Case brief
What is this about?
During a common order disposal, the Court interpreted the role of the Joint Commissioner under Section 78 of the TN HR & CE Act for temple land removal. It directed the authorities to initiate proceedings within a specified timeframe, ensuring dispossession only follows a quasi-judicial adjudication.
What did the court decide?
Relief granted in form of consent order directing initiation of Section 78 proceedings within two months and limiting dispossession to findings thereunder.
What the court decided
A compact analysis
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: 26.08.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.Nos.17785, 17790 & 17794 of 2021 and WMP.Nos.18973, 18977 & 18979 of 2021
Aysha Banu
Mohamed Sheriff Jainudeen
... Petitioner in WP.17785/2021 ... Petitioner in WP.17790/2021 ... Petitioner in WP.17794/2021
-Vs.-
- The Secretary, Hindu Religious and Charitable Endowments Administration Department, Secretariat, St. George Fort, Chennai.
- The Commissioner, Hindu Religious and Charitable Endowments Administration Department, Uthama Gandhi Road, Nungambakkam, Chennai -34.
- The Joint Commissioner,
- Hindhu Religious and Charitable Endowments Administration
Issues for consideration
2 issues framed by the court
Whether a depotition or eviction of tenants from temple lands can be done de hors the due process of law under Section 78 of the TN HR & CE Act.
Whether the apprehension of unlawful evictions justifies issuing a Writ of Mandamus to restrain the respondents.
Parties & counsel
- petitioner
Aysha Banu
- petitioner
Mohamed Sheriff Jainudeen
- respondent
The Secretary, Hindu Religious and Charitable Endowments Administration Department
- respondent
The Commissioner, Hindu Religious and Charitable Endowments Administration Department
- respondent
The Joint Commissioner, Hindhu Religious and Charitable Endowments Administration Department, Nagapattinam District
Case details
As recorded by the court registry
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