P.Kathirvel, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13323 of 2013 and M.P.(MD)No.1 of 2013 P.Kathirvel : Petitioner Vs.

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, Chennai.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Trichy-620 006.

3. The Executive Officer, A/m.Vanjuleeswara Swamy Temple, Karur.

4. The District Collector, Karur District, Karur.

5. The Tahsildar, Karur.

6. The Commissioner, Karur Municipality, Karur.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioner from the land situated in Town Survey No.1703 in Karur.

For Petitioner : Mr.P.Santhosh Kumar For Respondents 1,2,4&5 : Mr.M.Govindan, Special Government Pleader For Respondent No.3 : Mr.P.Athimoolapandian ********

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to restrain the respondents from evicting him without initiating action in accordance with law.

2. The learned counsel appearing for the Executive Officer, A/m.Vanjuleeswara Swamy Temple, Karur, submitted that the Temple is in the process of initiating action against the petitioner for eviction. The petitioner, with a view to stall the proceedings, filed this Writ Petition.

3. The petitioner is stated to be in possession of the land in Town Survey No.1703 in Karur. According to the third respondent, the land absolutely belongs to the Temple. It is always open to the Temple to take appropriate action in accordance with law. In short, the petitioner would be evicted only in accordance with law.

4. The Writ Petition is disposed of with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Nungambakkam High Road,Chennai.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Trichy-620 006.

3. The District Collector, Karur District, Karur.

4. The Tahsildar, Karur.

+1 cc to Mr.P.Santhosh kumar, Advocate in SR.No. 63889 +1 cc to Special Government Pleader in SR.No.64423 SML/MYR AE/SV/SAR4/13.07.2017/3P/7C Order made in W.P.[MD].No.13323 of 2013 Dated:06.07.2017