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2021 Supreme(Mad) 3183

PUSHPA SATHYANARAYANA, T.KRISHNAVALLI
R. Vellaichamy – Appellant
Versus
Vairavan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.V.Venkataseshan
For the Respondent:Mr.C.Selvakumar, Mrs.J.Padmavathi Devi, Special Government Pleader, Mr.P.Mahendiran, Mr.Murugavel Rajan, Mr.K.K.Kannan, Mr.P.Banu Prasath, Mr.S.Ramesh, Advocate Commissioner, Mr.G.Narayanasamy

JUDGMENT :

PUSHPA SATHYANARAYANA, J.

The validity of the order dated 21.12.2017 made in W.P.(MD) No. 1734 of 2017 by a learned Single Judge of this Court is put to challenge in this appeal by the third parties.

2. Originally, the facts leading to the filing of the writ petition in W.P.No.1734 of 2017 are as follow :

2.1. The first respondent is the petitioner before the writ court. According to him, he was permitted to occupy the land measuring 200 sq. ft. in S.No.933 belonging to Arulmigu Mariamman Temple by the erstwhile trustees for a monthly rent of Rs.200/-, besides a sum of Rs.10,000/- being paid towards Security Deposit. He put up a superstructure with ACC Roof in the year 1997 and had been running a Vessel shop.

2.2. While so, the Temple was taken over by the Hindu Religious and Endowments Department (HR & CE Department) and the fifth respondent herein has been looking after the affairs of the temple on behalf of the Department. According to the petitioner, he started to pay the rent to the fourth respondent herein.

2.3. The fifth respondent herein contemplated an action under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 (in short, "HR & CE Act") and reco

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