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2013 Supreme(Mad) 829

P.R.SHIVAKUMAR
Arulmighu Bhava Ouzhadheeswaraswami Thirukkoil Devasthanam rep by its Executive Officer – Appellant
Versus
Director of Medical and Rural Health Services – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S.K. Rakhunathan, Advocate.
For the Respondents:P. Kavitha, Government Advocate.

JUDGMENT

1. This writ petition has been filed by the petitioner for issuance of writ of mandamus directing the respondents to pay the cost of the land extending 0.98.5 Hectares in S.No.195/5 and 195/7 at the same rate as fixed by the Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department by his order dated 23.06.1999 with interest.

2. The arguments advanced by the learned counsel for the petitioner and the learned Government Advocate representing the respondents are heard.

3. A total extent of 2.18.5 Hectares comprised in Survey Nos.195/5 and 195/7 in Thiruthuraipoondi Village admittedly belonged to Arulmighu Bhava Ouzhadheeswaraswami Thirukkoil, Thiruthuraipoondi, which Temple, represented by its Executive Officer, is the petitioner in the writ petition. The Government proposed to build a hospital for public benefit and the said land was identified to be a suitable piece of land for the said purpose. The Government decided to proceed with the acquisition of the property not by using eminent domain, but by having a private negotiation and following the procedure contemplated under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 19












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