Mahendran v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Mahendran ... Petitioner /vs./ The Executive Officer, Arulmigu Thirukkutrallanatha Swami Temple, Courtallam Village, Tenkasi Taluk & District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondent from interfering with the possession and enjoyment of the petitioner in the shop in Plot No. ITMS No. 131 situated in the outer praharam in South West Corner of the Arulmigu Koothar Thirukovil Uba Kovil of Arulmigu Thirukkutrallanatha Swami Temple, Courtallam, Tenkasi District measuring, 90.75 Sq. Ft. except under due process of law.

For Petitioner : Mr.A.Balaji For Respondent : Mr.S.Manohar Standing Counsel 1/4

ORDER

Heard Mr.A.Balaji, learned counsel for the petitioner and Mr.S.Manohar, learned Standing Counsel for the respondent.

2.Notice has been issued to the petitioner to vacate the shop situate in the premises of the respondent temple/Arulmigu Thirukkutrallanatha Swami Temple. 3.It is noticed that four other tenants had already approached this Court in W.P.(MD) Nos.12819 to 12823 of 2024. The writ petitions came to be disposed of at the time of admission on 18.06.2024 by directing the respondent temple to initiate proceedings against the petitioners therein under Section 78 of the HR & CE Act, 1959.

4.I see no difference in the facts of the case. 5.Considering the same, the Writ Petition stands disposed of at the time of admission with the consent of the learned Standing Counsel for the respondent by 2/4

directing the respondent to initiate appropriate proceedings strictly in accordance with Section 78 of the HR & CE Act, 1959. No costs. Index : Yes / No 24.06.2024 Internet : Yes / No mm 3/4

C.SARAVANAN, J.

mm 24.06.2024 4/4