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.

ORDER :

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 5 and 6 herein from giving any police protection to the 7th respondent without any specific order obtained from the court by the 7th respondent from his illegal act of evicting the petitioners herein from their respective portions of property of an extent of 41.50 ares, 45.50 ares, 48.50 ares, 12.00 ares, 26.00 ares, 27.00 ares, 14.70 ares, 1.60 ares, 1.40 ares, 1.40 ares, 1.40 ares, 1.40 ares, 11.50 ares, 2.50 ares, 4.50 ares, 17.00 ares, 6.00 ares, 7.00 ares, 9.00 ares, 10.00 and 35.50 ares in all total extent of 324 ares (8.28 acres) respectively out of total extent of 14.92 acres (6.04.0 hectares) comprised in Survey Number.236/1, situated at Pillaiyarendal, Chinnavengavayal Village, Karaikudi Taluk, Sivagangai District, without following due process of law and in contrary to the observation made in W.A.(MD).No.739 of 2017 dated 04.07.2017 on the file of this Court and by considering the petitioners' representation dated 30.09.2023.

A. The Petition:

This Writ Petition is filed for a Writ of Mandamus, forbearing respondents 5 and 6 from giving any police protection to the 7th respondent without any specific orders obtained from the Court by the 7th respondent for its illegal act of evicting the petitioners from their respective portions of the property, totally ad-measuring to 8 acres and 28 cents (324 ares) out of the total extent of 14.92 acres (6.04.0 hectares) comprised in Survey No.236/1, Pillaiyarendal, Chinnavengavayal Village, Karaikudi Taluk, Sivagangai District, without following the due process of law and in contrary to the observations made in W.A.(MD).No.739 of 2017 dated 04.07.2017 and by considering the representation of the petitioners dated 30.09.2023.

B. The Case of the Petitioners:

2. There are a total of 24 Writ Petitioners in this case. Their case is based on the premise that the land in Survey No.236/1, Chinnavengavayal Village, Karaikudi Taluk, is a government poramboke land. More than 100 years ago, the ancestors of the petitioners re-claimed the land, tilled the soil, cultivated it and also built houses where all the petitioners and their families have been residing for generations. While so, the patta issued in favour of the petitioners was required to be changed in the name of the 7th respondent.

2.1 The petitioners challenged the same, by way of W.P.(MD). No. 1315 of 2015 and aggrieved by the order passed in the Writ Petition, the petitioners have filed a Writ Appeal in W.A.(MD). No.739 of 2017 and in the said Judgment dated 04.07.2017, it was specifically recorded that the apprehension of the petitioners herein that taking advantage of the order passed by the learned Single Judge, there is a likelihood of disturbance of possession of the petitioners was considered and the submissions made on behalf of the 7th respondent – temple that the Writ Petition was only with reference to the transfer of patta and the issue pertaining to the possession would be dealt with by approaching the jurisdictional Civil Court, at the appropriate time in so far as the extent of lands, which is said to be in possession of the petitioners. Even after the same, the police authorities viz., 5th and 6th respondents, called one of the petitioners for allegedly cutting the tree which they had grown in the land in his possession and attempted to interfere in the matter. The petitioners came to know that the 7th respondent – temple is trying to usurp their possession by approaching the 5th and 6th respondent – police authorities, in violation of the aforesaid undertaking given before the Division Bench of this Court.

2.2 On behalf of the petitioners, it is admitted that the patta was originally granted in their favour by the Assistant Settlement Officer (ASO). An appeal was filed in R.A.No.6 of 1999 on the file of the Sub Court, Sivagangai, which was allowed by an order dated 07.01.2013