High Court dismissed a writ petition challenging eviction notice from temple authorities, holding that title disputes must be resolved in civil court before eviction.
Writ Petition dismissed as misconceived with directions to file civil suit for title declaration if needed.
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. 17434 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. (MD) No. 17434 of 2021
Janaki
... Petitioner
Vs.
2.The Joint Commissioner / Executive Officer, O/o.The Joint Commissioner / Executive Office, Hindu Religious and Charitable Endowment Department, Arulmighu Ramanathaswamy Temple, Rameshwaram, Ramanathapuram District.
3.The Tahsildar, Rameshwaram Taluk, Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.59/2012/Aa3-5, dated 24.07.2021 issued by the second respondent and quash the same as illegal and arbitrary and consequently
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forbear the respondents from evicting the petitioner in her dwelling house property in Survey No.615/3, to an extent of nearly 1 cent, situated at Agasthiyar Theertham, Rameshwaram, Ramanathapuram District.
For Petitioner : Mr. D.Balamurugapandi For R1 & R3 : Mr. P.Subbaraj, Special Government Pleader For R2 : Mr. S.Ramesh
O R D E R
Heard Mr. D.Balamurugapandi, Learned Counsel for the Petitioner, Mr. P.Subbaraj Learned Special Government Pleader for the First and Third Respondents and Mr. S.Ramesh, Learned Counsel for the Second Respondent and perused the materials placed on record apart from the pleadings of the parties.
W.P. (MD) No. 17434 of 2021
in this Writ Petition.
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view has been expressed by this Court on the merits of the controversy involved between the parties.
21.12.2022
ta
Index : Yes/No
Note: Issue order copy by 25.01.2023.
To
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P.D. AUDIKESAVALU, J.
ta
W.P. (MD) No.17434 of 2021
21.12.2022
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1 issue framed by the court
Whether premature execution proceedings against a property claimant justify invoking writ jurisdiction under Article 226.
2 provisions across 2 enactments
Janaki
The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai Zone
The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmighu Ramanathaswamy Temple, Rameshwaram
The Tahsildar, Rameshwaram Taluk
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
