JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent vide Proceedings M.P.No.70/2021/A2 dated 15.03.2023 and quash the same and direct the respondents to surrender the land comprised in Survey No.1377, situated at No.9, Ammani Amman Gopura Street, Tiruvannamalai.)

The writ on hand has been instituted, questioning the validity of the eviction order passed in proceedings dated 15.03.2023 under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as ''HR & CE Act'')

2. The petitioner Trust was declared as an Encroacher and consequently, eviction proceedings were initiated under Section 78 of the HR & CE Act.

3. The petitioner states that the ancestors of the petitioner Mutt/Trust viz., Bangalore T.A.Vaiyaburi Chettiyar Ammani Amman Madam Trust namely Yasodai Ammal, Pattammal, T.M.Janakiraman and T.M.Loganathan. Some third parties trespassed into the said Trust land and the suit was instituted for declaration and recovery of possession in O.S.No.100 of 1983 on the file of the Sub Court, Tiruvannamalai, claiming that their famil