Writ petition challenging a Tahsildar's order over temple property encroachment came up for report. HR&CE filed a status report stating Section 78 eviction proceedings are pending before the Joint Commissioner and will conclude within three months. Report was taken on record and the matter was not listed further.
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W.P.No.31646 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.P.No.31646 of 2024 and
W.M.P. No.34405 of 2024 in W.P.No.31646 of 2024
R.Baskaran
... Petitioner
Vs.
Nagapattinam District - 611 001.
... Respondents
Page Nos.1/5
W.P.No.31646 of 2024
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the order vide Na.Ka.No.4250/2024/Aa3 dated 14.08.2024 issued by the 2nd respondent and quash the same.
For Petitioner : Ms.G.Deepika for Mr.S.Giritharan
For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R3 Mr.N.R.R.Arun Natarajan Special Government Pleader For R4
ORDER
[Order of the Court was made by M.SUNDAR, J. ,]
Captioned matter is listed under the cause list caption 'FOR
REPORT'.
Page Nos.2/5
W.P.No.31646 of 2024
submits that a status report of R4 dated 11.02.2025 has been filed. Relevant portion of paragraphs 8 and 9 of the status report read as follows:
'8........the Assistant Commissioner of HR&CE submitted a report before the Joint Commissioner, HR&CE Nagapattinam against the Writ Petitioner to initiate eviction proceedings under Section 79(A) and 79(B) of the HR&CE Act. The Joint Commissioner HR&CE, Nagapattinam has taken on file in M.P.No.113/2025/C2 and a Show Cause Notice dated 10.02.2025 has been issued to the Writ Petitioner to appear on 13.02.2025 and to show cause why the encroachments made by him of the temple's property in T.S.No.1316, Block No.33, Ward 4 of Nagapattinam Town should not be removed. The Section 78 proceedings initiated as against the Writ Petitioner is pending as No.113/2025/C2 before the Joint Commissioner HR&CE, Nagapattinam and the same will be concluded within 3 months, by affording opportunities of hearing to the Writ Petitioner as per law.
9. I humbly submit that the Temple Authorities and the HR&CE has been taking effective steps to retrieve and safe guard the Temple property in T.S.No.1316 of Nagapattinam Town through legal action. To this effect, I am filing this Status Report.'
Page Nos.3/5
W.P.No.31646 of 2024
petitioner is participating in the proceedings under Section 78 of TNHR & CE Act before the jurisdictional Joint Commissioner. This submission is also recorded.
to not to list this matter any further.
(M.S.,J.) (K.G.T.,J.) 26.03.2025
Index : Yes / No Neutral Citation : Yes / No mmi
To
1.The District Collector Collectorate Nagapattinam District - 611 001.
Page Nos.4/5
W.P.No.31646 of 2024
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.,
mmi
W.P.No.31646 of 2024
26.03.2025
Page Nos.5/5
R.Baskaran
The District Collector
The Tahsildar
The Revenue Inspector
The Executive Officer Arulmigu Kayeroganaswamy Udanurai Neelayathatchiamman Temple
M.Sundar
K.Govindarajan Thilakavadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
