JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to remove the lock and seal on the premises at bearing Old No.28, New No.44, Whites Road, Royapettah, Chennai – 600 014.)

1. It is a case where a temple is unable to get possession of its properties though it is being enjoyed by encroachers who claim to be sub lessees of the original lessee of the temple.

2. It is admitted that the property belongs to the second respondent temple. It is also admitted in the course of hearing that the temple has instituted a Suit and obtained a Decree as against the original tenant and the execution proceedings have also been initiated by the temple. However, it is stated that the petitioner who claims to be a sub lessee under the original lessee has filed a civil revision petition and obtained an interim order of stay of the execution proceedings.

3. It is established that the whole premises in the property of temple and the temple has also obtained an order of eviction. Irrespective of the fact that the temple has initiated execution petition, there is no legal impediment to initiate proceeding