Madras High CourtREV.APLC(MD)/41/2021disposed of

M.Karal Marx v. P.Varadharajan

2023-06-19Honourable Mr Justice R. Subramanian,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Karal Marx ... Petitioner vs.

1. Mr.P.Varadarajan

2. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-14.

3. The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam, Trichy.

4. The Sub Registrar, Sub Registrar Office, Srirangam, Trichy.

... Respondents PRAYER : Petition filed under Order 47 Rules 1 and 2 of the Civil Procedure Code, against the order made in CMP(MD)No.2631 of 2020 in W.A(MD)SR.No.13637 of 2020 on the file of this Court. 1/4

For Petitioner : Mr.K.Govindarajan For R1 : Mr.K.Mahendran For R3 : Mr.M.Saravanan For R2 & R4 : Mr.A.Baskaran Additional Government Pleader

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The writ appeal filed by the petitioner was dismissed by this Court on the ground that the land in question has been acquired from Sri Renganatha Swami Temple by the Srirangam Co-operative Building Society Ltd., and was allotted to one K.V.Sesha Iyengar even on 16.06.1953. The petitioner seeks review of that judgment. 2.

Mr.K.Govindarajan, learned counsel appearing for the review petitioner would submit that the petitioner initially had expressed that the very acquisition was a make believe offer. We directed the counsel for the temple to produce the award passed in the land acquisition proceedings. Consequent upon our direction, Mr.Saravanan, learned counsel appearing for the Devasthanam has produced the award copy shows that the land in question has been acquired by the State and the temple is seized to be the owner. 2/4

Therefore, the dismissal of the writ appeal is sustained. The description of the petitioner as interloper alone is removed. 3.

The Review application is disposed of accordingly. No costs.

(R.SUBRAMANIAN, J.) & (B.PUGALENDHI, J.) 19.06.2023 Index : Yes / No bala To

1. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-14.

2. The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam, Trichy.

3. The Sub Registrar, Sub Registrar Office, Srirangam, Trichy.

3/4

R.SUBRAMANIAN , J.

and B.PUGALENDHI , J.

bala ORDER MADE IN DATED : 19.06.2023 4/4