S. Ramesh v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.4.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.Nos.706 to 711 of 2018 and C.M.P.Nos.6849 to 6854 of 2018 S.Ramesh Appellant in W.A.No.706/2018 P.Shanmugam Appellant in W.A.No.707/2018 K.Vijaya Appellant in W.A.No.708/2018 R.Karunanidhi Appellant in W.A.No.709/2018 M.Tamilarasi Appellant in W.A.No.710/2018 Kaleel Basha Appellant in W.A.No.711/2018

Versus

The Executive Officer, Arulmighu Kottai Mariyamman Thirukoil, Kottai, Salem 1.

Respondent in all the six cases Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 13.2.2018 passed in Review Application (W) Nos.119 to 124 of 2017 in W.P.Nos.13404 to 13409 of 2017 on the file of this court.

Review.Application Nos.119/2017 to 124/2017:Review Applications filed under order XLVII Rule 1 of CPC 1908 to review the common order dated 25.5.2015 passed in WP.Nos.13404 to 13409 of 2017. Prayer WP.Nos.13404 to 13409/2017:Petition filed under Article 226 of the constitution of India, praying to issue a writ of certiorari calling for the records relating to the order of the respondent date 17/5/2017 and quash the same. For appellants : Mr.K.Selvaraj For respondent : Mr.Maharajan, Special Govt. Pleader COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellants and Mr.Maharaja, learned Special Government Pleader, who takes notice on behalf of the respondent.

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2. The matter relates to challenge made by the appellants, who are said to be flower vendors and lease holders for the shops within the premises of Arulmighu Kottai Mariyamman Thirukoil, against the eviction notice issued by the Temple authorities. It appears that originally, the order of the learned Single Judge was in favour of the appellants, but, later, on review filed by the Temple, it was reviewed subsequently and thereby recalling the positive direction issued in favour of the appellants.

3. The grievance of the appellants is that they would vacate the premises in a short time provided they are allowed a reasonable time to vacate them by arranging for their own accommodation.

4. In that view of the matter, another eight weeks time is granted to vacate and hand over the possession without any resistance. The writ appeals are disposed of accordingly. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssk.

+2cc to Mr.K.Selvaraj, Advocate Sr.No.26492 +1cc to Government Pleader Sr.No.27386 RV(CO) sm:10.5.2018 W.A.Nos.706 to 711 of 2018 https://hcservices.ecourts.gov.in/hcservices/