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S. M. SUBRAMANIAM, C. KUMARAPPAN
Latha Bhatt – Appellant
Versus
Joint Commissioner Chennai, Hindu Religious and Charitable Endowment – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order of the learned Judge in WP.No.19558 of 2022 dated 10.10.2022 dismissing the same and to allow the said WP.]
The learned Senior Counsel Mr. R. Srinivas would submit that the appellant Dr. Latha Bhatt has taken a decision to hand over the vacant possession of the subject property to the Executive Officer, Arulmigu Gangadeeswarar Temple. It is contended that the Temple instituted a Civil Suit for eviction and the same was decreed. The Appeal suit filed against the decree by the appellant herein is pending. The Competent Authorities under Section 78 of the Hindu Religious and Charitable Endowments Act initiated proceedings to evict the encroachers. The appellant was considered as an encroacher under Section 78 of the Hindu Religious and Charitable Endowments Act. Though the learned Senior Counsel would contend that Section 78 proceedings are unnecessary in view of the Civil Court decree, the appellant has decided to hand over vacant possession of the Temple property to the Authority and that being the undertaking given by the learned Senior Counsel for the appellant
The authority of the Executive Officer under Section 78 of the Hindu Religious and Charitable Endowments Act to evict encroachers is upheld, and voluntary compliance by the encroacher can lead to the....
The main legal point established is that the temple has the right to possession of its properties and must follow the legal process for removal of encroachment under the Tamil Nadu Hindu Religious an....
Property rights concerning temple lands require valid ownership evidence; proceedings under Section 78 are unsustainable without it.
The importance of due process of law and the consequences of knowingly keeping away from legal proceedings, especially in cases involving encroachment on temple property.
Disputes regarding the appointment of hereditary trustees in temples must be resolved through civil suits under Section 70 of the Hindu Religious and Charitable Endowments Act, 1951, rather than thro....
The central legal point established in the judgment is that disputed facts cannot be adjudicated in a writ proceeding under Article 226 of the Constitution of India, and the petitioner must establish....
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