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2011 Supreme(Mad) 824

R.SUBBIAH, N.PAUL VASANTHAKUMAR
T. K. Saminathan – Appellant
Versus
Special Commissioner and Commissioner of Land Administration – Respondent


Advocates Appeared:
For the Petitioner:V.K. Vijayaragavan, Advocate.
For the Respondents:R. Janakiramalu, Special Government Pleader and R. Subbarayalu, Advocate.

Judgment :

1 Petitioner, who is a Trustee of Arulmigu Karpaga Vianyagar Temple, Tanjore Town, has filed this writ petition praying to quash the order of the first respondent dated 20.12.2007 and to direct the respondents 1 to 3 to evict the encroachments in T.S. No. 1519 in Pudhupattinam Village situated at Vanakkara Street, Maharnombu Chavadi, Tanjore Town, within a time frame.

2 The brief facts necessary for disposal of this writ petition are as follows:

(a) The petitioner is a worshipper of Arulmigu Karpaga Vinayagar Temple and as such he is interested in the temple administration. He is spending amounts for the performance of Poojas in temple and he is an interested person in terms of Section 6(15) of the Hindu Religious and Charitable Endowments Act, 1959.

(b) According to the petitioner, an extent of 27 cents of land comprised in T.S. No. 1519 in Pudhupattinam Village situated at Vanakkara Street, Maharnombu Chavadi, Tanjore Town was classified as temple poromboke during settlement operations when the village was taken over under the Act 26 of 1948 (Tamil Nadu Estates Abolition and Conversion into Ryotwari Act). The temple was managed by one Singaram Pillai for a long time and































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