Dismissed

R.Jothi v. The State of TamilNadu

Madras HC7 Dec 2022WP/32866/2022

Case brief

AI extract

What is this about?

In this writ petition seeking restoration of premises under temple administration, the High Court observed that revenue records established the property as private. Consequently, the Court held that the matter must be pursued in a Civil Court via suit, not through a writ petition.

What did the court decide?

The Writ Petition stands dismissed. The petitioner is directed to pursue remedy in the Civil Court to establish rights to possession.

R.Jothi Vs The State of TamilNadu — Property and Title | Madras HC (2022)

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W.P.No.32866 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :07.12.2022

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CORAM:

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THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

W.P.No.32866 of 2022

R.Jothi

... Petitioner

Vs.

1.The State of Tamilnadu Rep. by its secretary to Government Religious Endowment Department Fort St. George Secretariat, Chennai 600 009

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2.The Commissioner

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Hindu Religious and Charitable Endowment Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034

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3.The Joint Commissioner

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Hindu Religious and Charitable Endowment Department Vellore, Vellore District – 9

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4.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Thiruvallur, Thiruvallur District

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Page No.1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.32866 of 2022

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5.The Executive officer

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Hindu Religious and Charitable Endowment Department Arulmigu Varadha Raja Perumal / Arul Migu Aagambaranadhar Tirukoil Minjur, Thiruvallur District 601 203

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6.The Revenue Divisional Officer Ponneri, Thiruvallur District

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7.The Thasildar Ponneri Taluk Office Ponneri, Thiruvallur District

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8.The Inspector of Police Minjur Police Station Minjur, Thiruvallur District 601203

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9.D.S.Balachandra Babu

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10.T.Shek Ahamed (Roja Fancy Store) No.191, New No.390/1 T.H.Road, Minjur, Thiruvallur District 601203

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11.D.V.S.Higher Secondary School Rep. by its Correspondent Mr.D.S.Balachandra Babu T.H.Road, Minjur, Thiruvallur District 601203

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12.Mani Talkies Rep. by its proprietor Mr.D.S.Balachandra Babu T.H.Road, Minjur, Thiruvallur District 601203 ... Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the 1^st to 5^th

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W.P.No.32866 of 2022

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respondents to consider and thereby disposing the representation made by petitioner on 04.02.2020, 20.03.2020 and 17.07.2020 for to restore back to the petitioner premises occupied by him prior to his forceful eviction on November 2019 respect to the property belongs to Arulmigu Aagambaranatharar Tirukoil and Kamatchi Amman Tirukoil, survey Nos.205/3A, 205/2A, 208, 205/23B1, 205/3B1, 207/5B, 213/3A1, Minjur, Thiruvallur District.

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For Petitioner : Mr.K.Yuvaraj

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For Respondents : Mr.N.R.R.Arun Natarajan Special Govt. Pleader (HR&CE) For R1 to R8

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O R D E R

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The Writ Petition is filed under Article 226 of Constitution of India

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praying for issuance of Writ of Mandamus, to direct the 1^st to 5^th respondents to consider and thereby disposing the representation made by petitioner on 04.02.2020, 20.03.2020 and 17.07.2020 for to restore

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back to the petitioner premises occupied by him prior to his forceful eviction on November 2019 respect to the property belongs to Arulmigu Aagambaranatharar Tirukoil and Kamatchi Amman Tirukoil, survey

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W.P.No.32866 of 2022

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Nos.205/3A, 205/2A, 208, 205/23B1, 205/3B1, 207/5B, 213/3A1, Minjur, Thiruvallur District.

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2.It is the contention of the learned counsel for the petitioner that the petitioner was in possession of the temple property from his father's period from 1968 and continued his business till September 2018, however, some third parties have evicted him forcibly. Now, the respondent No. 9, 10, 11 and 12 have encroached the said portion and constructed shops, school, cinema theatre etc., Thereby, several representations have been given by the petitioner to measure the property and to restore the petitioner in the said premises. However, the same was not considered by the authorities. Hence the petition.

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3.Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader takes notice for the respondents 1 to 8. On instructions he submitted that the property cited by the petitioner is a private property and it has no connection with the temple property. Revenue records to that effect is also placed before this Court.

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W.P.No.32866 of 2022

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4.Such view of the matter, this Writ Petition stands dismissed. If

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the petitioner wants to pursue his remedy, it is for him to establish the same before the Civil Court and not by way of filing Writ Petition. No costs. 07.12.2022 kas Index : yes / no Internet : yes / no Speaking / Non speaking To 1.Secretary to Government The State of Tamilnadu Religious Endowment Department Fort St. George Secretariat, Chennai 600 009 2.The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034

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3.The Joint Commissioner Hindu Religious and Charitable Endowment Department Vellore, Vellore District – 9

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4.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Thiruvallur, Thiruvallur District

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Page No.5 of 6

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W.P.No.32866 of 2022

N.SATHISH KUMAR, J.

kas

5.The Executive officer Hindu Religious and Charitable Endowment Department Arulmigu Varadha Raja Perumal / Arul Migu Aagambaranadhar Tirukoil Minjur, Thiruvallur District 601 203

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6.The Revenue Divisional Officer Ponneri, Thiruvallur District

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7.The Thasildar Ponneri Taluk Office Ponneri, Thiruvallur District

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8.The Inspector of Police Minjur Police Station Minjur, Thiruvallur District 601203

W.P.No.32866 of 2022

07.12.2022

Page No.6 of 6

https://www.mhc.tn.gov.in/judis

R.Jothi v. The State of TamilNadu

Case brief

What is this about?

What did the court decide?

R.Jothi v. The State of TamilNadu

Case brief

What is this about?

What did the court decide?

What the court decided

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