JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the 2nd respondent impugned order in M.P.No.61/2022/A3 dated 21.02.2023 and quash the same as illegal, arbitrary and unconstitutional.)

1. The Eviction order issued under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as ''HR & CE Act'') dated 21.02.2023 is under challenge in the present writ petition.

2. The petitioner states that his brother was a tenant in the Temple property comprised in T.S.No.1/2, which belongs to A/M Bhashyakarakara Adi Chennai Kesava Perumal Temple, Mambalam, Chennai. The brother of the petitioner was paying the monthly rent of Rs.2/- for the usage of his portion of the land leased out by the temple authorities. The brother of the petitioner put up certain construction at his own costs and thereafter his demise, the petitioner is in possession of the property.

3. Admittedly, the lease was not extended by the temple authorities. The lease was terminated long back by the authorities. Thus, the petitioner was considered as an Encroacher under Section 78 of the HR &