Mariappan, v. The Thakkar/ Inspector,

In the High Court of Judicature at Madras Dated: 16.02.2017 Coram The Honourable Mr.JUSTICE B.RAJENDRAN W.P.Nos.3798 to 3804 of 2017 and WMP Nos.3863 to3869 of 2017 in W.P.Nos.3798 to 3804 of 2017 1.Mariappan ..Petitioner in W.P.3798/17 2.M.Kumar ..Petitioner in W.P.3799/17 3.P.Govindan ..Petitioner in W.P.3800/17 4.T.Govindharaj ..Petitioner in W.P.3801/17 5.R.Kannan ..Petitioner in W.P.3802/17 6.P.Govindharasu ..Petitioner in W.P.3803/17 7.Chinnapillai ..Petitioner in W.P.3804/17 Vs 1.The Thakkar/Inspector, Omalur, Salem District.

2.Joint Commissioner, Salem-1.

3.The Assistant Commissioner Executive Officer, Arulmigu Padaivetti Amman Thirukovil, Salem 636 011.

...Respondents in all W.Ps.

Common Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to consider the petitioner's representations dated 16.09.2016 within a time stipulated and to dispose the same in accordance to law.

For Petitioner : M/s.A.Sujatha in all W.Ps. For M/s Law Vision For Respondent : Mr.M.Maharaja in all W.Ps.

Special Government Pleader(HR&CE)

COMMON ORDER By consent, the writ petitions are taken up for final disposal.

2.Today, when the matter is taken up for consideration, the only point which is raised by the learned counsel appearing for the petitioners is that the petitioners have been acting as servant of the Temple and enjoying the properties. Therefore, the eviction notice issued to the petitioners is not in accordance with law.

3.In reply, the learned Special Government Pleader (HR & CE) who accepts notice on behalf of the respondents would state that the question of enjoyment of the properties as servant of the Temple itself is denied. He would further state that, only in pursuance of the direction of the Hon'ble Division Bench of this Court to take action against the unauthorised occupants, proceedings under Section 78 of the H.R. & C.E. Act have been initiated and eviction notices have been issued to the petitioners. He would further state that the petitioners are at liberty to raise their points in the proceedings. 4.In view of the submissions made by the learned Special Government Pleader (HR & CE), all these writ petitions are disposed of giving liberty to the petitioners to raise all their points in the proceedings initiated against them under Section 78 of the H.R. & C.E. Act.

5.The writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are also closed.

sd/ Assistant Registrar(CS VI) /true copy/ Sub Assistant Registrar vri To 1.The Thakkar/Inspector, Omalur, Salem District.

2.Joint Commissioner, Salem-1.

3.The Assistant Commissioner Executive Officer, Arulmigu Padaivetti Amman Thirukovil, Salem 636 011.

+1cc to M/s.Law Vision, SR.No.10071 +1cc to Government Pleaser SR.No.10472 W.P.Nos.3798 to 3803 of 2017 AD(CO) GN(06/03/2017)