Writ petition seeking directions to secure endowment properties encroached by third parties. Government Pleader stated proceedings under Section 78 HR&CE Act were initiated against identified encroachers. Court disposed of the petition directing officials to conclude eviction proceedings within 12 weeks.
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.No.5758 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.5758 of 2021 and W.M.P.No.6357 of 2021
A.Radhakrishnan ... Petitioner
Vs.
Chennai-600 009.
Chennai-600 005.
Chennai-600 005.
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W.P.No.5758 of 2021
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W.P.No.5758 of 2021
16.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem-636 001.
17.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Namakkal-637 003.
18.The Fit Person, Appuraya Sathiram, Komarapalayam Agraharam, Komarapalayam Town and Taluk, Namakkal District. ... Respondents
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W.P.No.5758 of 2021
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 4 to 12, 15 to 18 to secure and safeguard the properties belonging to the 18th respondent Endowment by following the dictum of this Court in W.P.No.14428 of 2017 and W.P.No.16833 of 2017 as well as considering the petitioner's representation dated 23.09.2020.
For Petitioner : Mr.A.Radhakrishnan (party-in-person) For Respondents : Mr.LSM.Hasan Fizal Additional Government Pleader for R1, R3, R4, R5, R7 to R13 and R15 Mr.S.Ravichandran Additional Government Pleader (HR & CE) for R2, R6, R16 and R17 Mr.S.Madhusudanan for R14
O R D E R
This Writ Petition has been filed to direct the respondents 4 to 12
and 15 to 18 to secure and safeguard the properties belonging to the respondent No.18 Endowment.
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W.P.No.5758 of 2021
submitted that the properties belonging to the respondent No.18 Endowment were encroached by some third parties and for recovery of the properties, the present writ petition has been filed.
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W.P.No.5758 of 2021
05.09.2024
NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb
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W.P.No.5758 of 2021
To
Chennai-600 009.
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W.P.No.5758 of 2021
Coimbatore-641 018.
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W.P.No.5758 of 2021
16.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem-636 001.
17.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Namakkal-637 003.
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W.P.No.5758 of 2021
M.DHANDAPANI, J.
ssb
W.P.No.5758 of 2021
05.09.2024
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1 issue framed by the court
Whether the respondents should be directed to evict encroachers from properties of the respondent No.18 Endowment and conclude Section 78 HR&CE proceedings.
2 provisions across 2 enactments
A.Radhakrishnan
The Secretary to Government, Revenue Department, Secretariat
The Secretary to Government, Tourism, Culture and Endowments Department, Secretariat
The Commissioner of Revenue Administration
The Commissioner of Land Administration
The Fit Person, Appuraya Sathiram, Komarapalayam Agraharam
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
