Writ petition against a temple notice intimating Section 78 TN HR&CE Act proceedings treating petitioner as an encroacher. Respondent undertook that competent Joint Commissioner would initiate such proceedings and no eviction would follow the notice; court disposed of the petition recording this undertaking.
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W.P.(MD) No.544 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.544 of 2020 and W.M.P.(MD) No.410 of 2020
Lakshmi
.. Petitioner
Vs.
2.Geethesan
3.C.Pandian
.. Respondents
[R2 & R3 – impleaded vide Court order dated 02.04.2024 in W.M.P.(MD) Nos.1224 and 4882 of 2020 in W.P.(MD) No.544 of 2020]
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorari, to call for the records relating to the impugned notice issued by the respondent vide his proceedings in
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W.P.(MD) No.544 of 2020
Na.Ka.No.1795/1429/C3(2) dated 23.11.2019 and quash the same as illegal.
For Petitioner : Mr.C.K.M.Appaji For R1 : Mr.M.Saravanan For R3 : Mr.M.Ashok Kumar
ORDER
Learned counsel appearing for the first respondent would submit that the notice impugned in this writ petition is only an intimation that Section 78 proceedings under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “the Act”) will be initiated against him treating him as an encroacher. He would further make a statement that such Section 78 proceedings will be initiated by by the competent Joint Commissioner as envisaged in the Act and he had also submitted that no eviction would be made pursuant to the notice impugned herein.
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W.P.(MD) No.544 of 2020
11.12.2024
NCC : Yes/No Index : Yes/No Internet : Yes
abr
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W.P.(MD) No.544 of 2020
K.KUMARESH BABU, J.
abr
W.P.(MD) No.544 of 2020
Dated: 11.12.2024
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1 issue framed by the court
Whether the notice dated 23.11.2019 treating the petitioner as an encroacher should be quashed.
2 provisions across 2 enactments
Lakshmi
The Joint Commissioner/Executive Officer, Arulmigu Aranganathaswamy Temple, Srirengam, Trichy District
Geethesan
C.Pandian
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
