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2010 Supreme(Mad) 5362

T.S.SIVAGNANAM, M.Y.EQBAL
G. Umapathy – Appellant
Versus
The State of Tamil Nadu Rep. by its Secretary to Government, Chennai – Respondent


Advocates Appeared:
For the Petitioners:T. Mohan, Advocate.
For the Respondent: R1, R4 to R7 - J. Raja Kalifulla GP assisted by Mrs. M. Sneha GA, R8 - G. Sankaran, R2 & R3 - T. Chandrasekaran Spl. G.P.

Judgment :-

T.S.SIVAGNANAM, J.

1. In this writ petition, the petitioner claiming to be the former executive trustee of the Meenakshi Amman Udanurai Sri Venkateeswarar Temple (hereinafter referred to as the Temple) has sought for a direction upon the respondents to remove all encroachments upon the properties belonging to the temple and to repossess the encroached properties and effectively perform their functions as per the Hindu Religious & Charitable Endowments Act, 1959 (hereinafter referred to as the Act).

2. The case of the petitioner is that the temple owns vast extent of lands at Kadapperi Village in Madurantakam Taluk and during 1999, a resurvey of lands was undertaken and as the temple authorities did not seek for grant of patta in favour of the temple, the lands were classified as Anatheenam" (unclaimed) lands. The State Government and the Municipal authorities have stated that the lands are poromboke lands and proposed to set up a Uzhavar Sandai in the property comprised in survey No.11/3, and therefore, the petitioner has come forward with this writ petition seeking for the above mentioned relief.

3. The learned counsel appearing for the petitioner submits that the cla








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