Murugaiyan G v. The Joint Commissiner

W.P(MD).No.3440 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.3440 of 2022 G.Murugaiyan ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

2.The Executive Officer, Arulmighu Veerabadrar Vinayagar Temple, Samayanallur.

3.N.Mahalingam

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, to direct the respondents 1 and 2 to initiate eviction proceedings under sections 78 and 79 of Hindu Religious and Charitable Endowments Act 1959, thereby evict the 3rd respondent/trespasser from the lands belonged to the Veerabadra Vinayagar Temple stiuated at Samayanallur Village, Madurai District to an extent of about 7 1⁄2 Cents out of total extent of 77 cents comprised in Survey No. 49/9 together with lands to an extent of about 2 cents comprised in Survey No. 49/11 in Samayanallur Village, Madurai North Taluk, Madurai District. For Petitioner : Mr.A.Mohan For R1 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.S.Manohar

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. This writ petition is disposed of at the time of admission after recording the submission of the learned counsel for the second respondent that appropriate notices will issue to about 21 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.3440 of 2022 encroachers including the third respondent, herein, on 24.06.2021 and thereafter on 18.08.2021 and now steps are being taken for initiate proceedings against the encroacher including the third respondent by the Joint Commissioner. No costs. Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

2.The Executive Officer, Arulmighu Veerabadrar Vinayagar Temple, Samayanallur.

+1 CC to M/s.SPL GP ( SR-8356[F] dated 24/02/2022 ) +1 CC to M/s.S.MANOHAR, Advocate ( SR-8439[F] dated 24/02/2022 ) W.P(MD).No.3440 of 2022 23.02.2022 GM(CO) TR(11.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2