Petitioner, a tenant facing eviction notice, filed a writ seeking injunction against road construction on temple land. After a Tahsildar's report negated the road proposal, the petitioner's writ petition was dismissed and closed.
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.
WP(MD)No.17926 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.17926 of 2023 and
WMP(MD)No.14975 of 2023
T.Rengasamy
.. Petitioner
v.
Chennai 600 034.
1/6
WP(MD)No.17926 of 2023
5.The Inspector,
Hindu Religious and Charitable Endowment Department, Thottiyam, Trichy District.
6.Periyasamy Gurukkal
7.P.Murugesan
8.The Tahsildar, Thottiyam Taluk, Trichy District.
.. Respondents
[R.8 suo-motu impleaded vide order dated 04.09.2023]
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents from laying the road in S.No.15/1 situated at Thevarmalai Village, Thottiayam Taluk, Trichy District.
For Petitioner : Mr.M.Perumal
For Respondents : Mr.P.Subburaj, Special Government Pleader for R.1 to R.5, R.8
No appearance for R.6
Mr.K.Arunraj, for R.7
2/6
WP(MD)No.17926 of 2023
ORDER
The petitioner claiming to be a tenant of the land in S.No.15/1 of Arulmigu Subramaniya Swamy Temple, Devagiri Malai, Thottiyam Taluk, Trichy District / fourth respondent. The Trustee of the fourth respondent Temple has issued a notice to this petitioner to vacate the land. The petitioner has filed a suit in O.S.No.782 of 2022 before the District Munsif Court, Thottiyam, seeking a permanent injunction as against the Temple and it's Hereditary Trustee, one Periyasamy. The suit is still pending. Now the fourth respondent has given a No Objection Certificate to lay road in the Temple property, which is in the possession of this petitioner in S.No. 15/1 of Thottiyam Village. Hence, the petitioner has filed this writ petition.
3/6
WP(MD)No.17926 of 2023
3.In view of the stand taken by the petitioner, this Court, by order dated 04.09.2023 directed the Tahsildar to conduct a joint inspection and to submit a report before this Court.
4.The Tahsildar has accordingly submitted a report that they have conducted a survey and found that there is no proposal to lay any road in the land in S.No.15/1 of Arulmigu Subramaniya Swamy Temple.
Recording this report of the Tahsildar, this writ petition is closed. No
costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 09.10.2023 NCC : Yes / No Internet : Yes gk
To
4/6
WP(MD)No.17926 of 2023
5/6
WP(MD)No.17926 of 2023
B.PUGALENDHI, J.
gk
WP(MD)No.17926 of 2023
09.10.2023
6/6
1 issue framed by the court
Whether to issue a Writ of Mandamus forbidding respondents from laying a road on contested temple property.
T. Rengasamy
The District Collector, Tiruchirappalli District
The Commissioner, Hindu Religious and Charitable Endowment Department
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department
The Executive Officer, Arulmighu Devagiri Manai Subramani Swami Temple
The Inspector, Hindu Religious and Charitable Endowment Department
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
