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2024 Supreme(Online)(MAD) 19468

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.SUBRAMANIAN
Arulmigu Kallalagar Temple – Appellant
Versus
The Commissioner of Land Adm – Respondent


O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.]

This writ petition is filed to quash the order of the Commissioner of Land Administration, dated 30.11.2023 in respect of the property situate in Survey No.65/1-B measuring about 3.18.5 hectares of Poikaikaraipatty Village, Madurai District and to direct the first respondent to hold fresh enquiry in the modification petition filed by the petitioner.

2. Brief facts of the case are as follows:

(i) The proceedings before the Land Commissioner arose on a dispute between the temple and private individuals regarding the transfer of Registry(revenue records) in respect of the lands which were claimed to be endowed to the temple. After going through the hierarchy, the dispute finally reached the Land Commissioner and before the Land Commissioner, the temple which was the writ petitioner, gave up its claim in respect of the land situate in Survey No.65/1-B.

(ii) The respondents before the Land Commissioner however claimed that the lands belonged to their ancestors namely Thiru.K.Paramasamy Ambalam absolutely and a private Trust was created by him by way of a settlement deed, dated 09.07.1940 with a direction to perform certain dharmams

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