Madras High Court
M.L.Lakshmanan vs The Joint Commissioner on 1 October, 2021
W.A.No.2360 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.2360 of 2021
M.L.Lakshmanan ... Appellant
vs
1.The Joint Commissioner,
The Tamil Nadu Hindu Religious & Charitable Endowments,
Balasundaram Road,
Coimbatore – 641 018.
2.The Assistant Commissioner,
The Tamil Nadu Hindu Religious & Charitable Endowments,
Jawansbhavan, Gandhiji Road,
Erode – 638 001.
3.The Executive Officer,
Arulmigu Sellandi Amman Temple,
Savandapur,
Gobichettipalayam Taluk,
Erode District. ... Respondents
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
praying to set aside the order dated 07.06.2021 in W.P.No.12077 of
2021.
For Appellant : Mr.G.Paramasivam
For Respondents-1 & 2 : Mr.C.Jayaprakash
Government Counsel
1/4
https://www.mhc.tn.gov.in/judis/
W.A.No.2360 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
The writ appeal has been filed challenging the order passed
in W.P.No.12077 of 2021 dated 07.06.2021.
2. The appellant, claims to be the cultivating tenant for
more than 40 years in the property belonging to HR & CE
Department. The challenge in the writ petition was to the Lease
Termination Notice dated 08.02.2016, issued by the third
respondent/Executive Officer. The learned counsel for the appellant
had brought-forth the judgment of this Court in Second Appeal
No.1289 of 2014, wherein, it was found by this Court, that the
appellant/plaintiff was the cultivating tenant and his possession was
lawful and the same cannot be disturbed by the defendants therein.
The authorities have found that the appellant was excavating soil
from the land and using it for other purposes, it is open to the
authorities to evict him, in the manner known to law.
https://www.mhc.tn.gov.in/judis/
W.A.No.2360 of 2021
3. Accordingly, a notice was issued on 08.02.2016, calling
upon the appellant to vacate the premises treating him as an
'Encroacher' under Section 78 of the Hindu Religious and Charitable
Endowments Act. Without giving any objections to the said notice,
straight away the appellant has moved the writ Court challenging the
said order, that too after a lapse of five years.
4. The learned Single Judge, has rightly dismissed the writ
petition, as there was no convincing reason for the delay and laches
on the part of the appellant for not responding to the notice.
However, the Writ Court had granted him permission to furnish
objections to the said notice and it is for the authorities to decide the
same. Aggrieved by the said order, the present appeal has been
preferred by the appellant.
5. We see no merits in the writ appeal. Therefore, once
again we direct the appellant to submit his objections to the notice
dated 08.02.2016, within a period of two weeks from the date of
receipt of a copy of this judgment, after which, the authorities are
directed to consider the same and pass appropriate orders, in the
manner known to law, within a period of four weeks, thereafter.
https://www.mhc.tn.gov.in/judis/
W.A.No.2360 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
6. With the above directions, the Writ Appeal is dismissed.
No Costs.
[P.S.N., J.] [K.R., J.]
01.10.2021
rsi
To
1.The Joint Commissioner,
The Tamil Nadu Hindu Religious & Charitable Endowments,
Balasundaram Road,
Coimbatore – 641 018.
2.The Assistant Commissioner,
The Tamil Nadu Hindu Religious & Charitable Endowments,
Jawansbhavan, Gandhiji Road,
Erode – 638 001.
3.The Executive Officer,
Arulmigu Sellandi Amman Temple,
Savandapur,
Gobichettipalayam Taluk,
Erode District.
W.A.No.2360 of 2021
https://www.mhc.tn.gov.in/judis/
