Madras High CourtWP(MD)/18394/2016disposed of

Raja, S/O.Karuppiah, v. The Joint Commissioner,

2016-10-17Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.18394 of 2016 and W.M.P.(MD).No.13230 of 2016 Raja

...Petitioner

Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Uthamarkoil, Srirangam, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai.

3.The Executive Officer cum Thakkar, A/m.Kalyana Ramasamy Thirukoil, Mimisal & Post, Avudaiyarkoil Taluk, Pudukkottai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to initiate proceedings to recover the schedule mentioned properties in (i) Survey No.14/14 with an extent of 0.65.0 hectare (ii) Survey No.16/2 with an extent of 1.65.5 hectare and (iii) survey No.23/2 with an extent of 1.05.0 hectares of wet land, Kanadu Village, Manamelkudi Taluk, Pudukottai District.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.V.Muruganandham Additional Govt. Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the third respondent to initiate proceedings to evict the encroachers in the temple land.

2.Heard the submissions made on either side and perused the documents carefully.

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3.Today, the learned Additional Government Pleader appearing for the respondents submitted that the third respondent has already initiated proceedings under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act to evict the encroachers and notices have been issued to the encroachers including the petitioner.

4.In view of the above, the third respondent/Executive Officer cum Thakkar, A/m.Kalyana Ramasamy Thirukoil, Mimisal, Pudukkottai District is directed to continue the eviction proceedings and complete the same within a period of 12 weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Uthamarkoil, Srirangam, Trichy.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Pudukkottai.

3.The Executive Officer cum Thakkar, A/m.Kalyana Ramasamy Thirukoil, Mimisal & Post, Avudaiyarkoil Taluk, Pudukkottai District.

+1cc to Mr.S.Sivakumar, Advocate in SR.60957 +1cc to the Special Government Pleader in SR.61053 W.P(MD)No.18394 of 2016 17.10.2016 vs PBK/EM-MPA 15.11.2016 ::2p-6c:

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