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2007 Supreme(Mad) 1089

N.PAUL VASANTHAKUMAR, P.SATHASIVAM
The Executive Officer, Chennai & Another – Appellant
Versus
Jagathambigai Nagar Co-Operative House Site Society, rep. by its President, Chennai & Others – Respondent


For the Appellants:Sriram for M/s. A.S. Kailasam & Associates, Advocates. For the Respondents:R2, 3 & 5, N.G.R. Prasad, for R. Rajaram, R6 & 7, T. Chandrasekaran, HR&CE, Advocates.

Judgment :-

N. Paul Vasanthakumar, J.

This writ appeal is directed against the order of the learned single Judge made in W.P.No.15527 of 2000 dated 33. 2004 allowing the writ petition filed by the writ petitioners/respondents 1 to 5 herein. Respondents 3 and 4 in the writ petition are appellants herein.

2. Parties herein will be described as arrayed in the writ petition.

3. The brief facts necessary for disposal of the writ appeal are as follows.

.(a) The first petitioner Society is a registered Housing Society representing the residents of Jagadambigai Nagar, Sakthi Nagar and Thiruvalleeswarar Colony. The respondents 3 and 4 are the Executive Officer and Hereditary Trustees of Arulmigu Thiruvalleeswarar Thirukoil, an ancient temple at Padi in Madras. The temple owns considerable extent of lands comprised in S.No.271, 303/1 to 4, 364/1 to 3 near the temple.

.(b) The trustees of the temple in the year 1968 decided to give the lands on lease to the individuals, who were desirous of constructing superstructure on the said lands at their own costs. Several leaseholders constructed superstructures and some of them sold superstructures to the third parties, giving up their leasehold r


































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