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S. M. SUBRAMANIAM, C. KUMARAPPAN
S. Murali Babu – Appellant
Versus
Commissioner – Respondent
JUDGMENT :
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 03.03.2021 passed in W.P.No.13390 of 2020
The writ appeal has been instituted challenging the order dated 03.03.2021 passed in W.P.No.13390 of 2020.
2. It is not in dispute between the parties that the subject properties belongs to Thiruvetteeswarar Temple, Sannathi Street, Triplicane, Chennai-5. The temple property was encroached upon by creating fraudulent documents. The Temple on earlier occasion instituted civil suit and evicted the occupants. After evicting the occupants, the appellants encroached upon the property and the police complaint filed by the Temple Authorities were not registered by the Police Authorities. Under those circumstances, we have directed the Police Authorities to look into the complaint and act in accordance with law.
3. Mr.C.E.Pradap, the learned Government Advocate (Crl.Side) appearing on behalf of the Inspector of Police, Zam Bazaar Police Station would contend that in addition to the earlier complaint, a fresh complaint has been received from the Executive Officer of the Temple and a criminal case has
The court underscored the obligation of authorities under the Hindu Religious and Charitable Endowments Act to protect temple properties and the legal recourse available for addressing encroachments.
The court affirmed that a temple, having established its title through civil court decrees, is entitled to police protection to enforce its rights against unlawful eviction attempts by others.
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 Court reaffirmed that temple lands and funds must only be used for religious purposes, asserting the government's lack of authority to misuse such properties under the Hindu Religious and Charita....
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