A cultivating tenant of temple land sought permission to cut and sell Eucalyptus trees. Noting pending Section 78 HR&CE proceedings against her for rent arrears, the court directed her to appear before the Joint Commissioner in the pending case for orders on disposal of the ripe trees and disposed of the writ petition.
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W.P.No.31668 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.31668 of 2024 and
W.M.P.No.34429 of 2024
Saroja Ramachandran
... Petitioner
vs.
4.The Executive Officer, Hindu Religious CharitableEndowment, Acharapakkam, Chengalpattu District. ... Respondents
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W.P.No.31668 of 2024
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the First and Second Respondents to consider the representation of the petitioner dated 09.10.2024 in accordance with law and permit the petitioner to cur and remove the Eucalyppus Trees standing in the land bearing Survey No.155/10, measuring 2.50 Acres at Kadapakkam Village, Cheyyur Taluk, Chengalpattu District.
For Petitioner : Mr. R.Sankarasubbu
For R1 and R2 : Mr.S.Balamurugan Government Advocate
For R3 and R4 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)
O R D E R
The petitioner herein seeks a direction to the respondents 1 and 2 to consider her representation dated 09.10.2024 in accordance with law and permit the petitioner to cut and remove the Eucalyppus Trees standing in the land bearing Survey No.155/10, measuring 2.50 Acres at Kadapakkam Village, Cheyyur Taluk, Chengalpattu District.
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for the respondents 3 and 4 would submit that though the fair rent was fixed for the temple land, the petitioner failed to pay arrears of rent and hence, treating the petitioner as an encroacher of the land, the proceedings were initiated under Section 78 of the Hingu Religious and Charitable Endowments Act, 1959 in M.C.No.2045/2022 on the file of the 3rd respondent.
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Consequently, the connected writ miscellaneous petition is closed.
19.11.2024
Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm
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To
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W.P.No.31668 of 2024
S.SOUNTHAR, J.
dm
W.P.No.31668 of 2024
19.11.2024
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1 issue framed by the court
Whether the respondents should consider the petitioner's representation seeking permission to cut and sell Eucalyptus trees on temple land where she is a recorded cultivating tenant.
2 provisions across 2 enactments
Saroja Ramachandran
The Revenue Divisional Officer, Mathuranthakam Range, Chengalpattu District
The Thasildar, Cheyyur Taluk, Chengalpattu District
The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Kancheepuram
The Executive Officer, Hindu Religious Charitable Endowment, Acharapakkam
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
