The Executive Officer, v. G.Vijaya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD) No.6264 of 2023 The Executive Officer Arulmighu Kalyanasundareshwarar Kamatchiamman Thirukovil Melur, Madurai District ... Appellant -vs1.G.Vijaya 2.The Joint Commissioner Hindu Religious and Charitable Endowment Department Madurai ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 03.04.2023, passed in W.P.(MD) No.6692 of 2023, on the file of this Court.

For Appellant :

Mr.K.Govindarajan for Mr.R.Murali For Respondents :

Mr.R.R.Kannan for R1

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.K.Govindarajan, learned counsel representing Mr.R.Murali, learned counsel on record for the appellant, would submit that the order impugned in the writ petition is not an eviction order and it is only an order of cancellation of lease and the Executive Officer of the Temple will take action in accordance with the Tamil Nadu Public Trusts (Regulations of Administration of Agricultural Lands) Act, 1961, for eviction.

2. Recording the above statement, this writ appeal is disposed of. It is made clear that the first respondent / writ petitioner will be entitled to erect fence and borewell in the subject lands. The liberty granted to the first respondent to move contempt alone is hereby set aside. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 06.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

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

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and C.M.P.(MD) No.6264 of 2023 06.06.2023