A.JOTHIRAMALINGAM Vs. THE EXECUTIVE OFFICER / JOINT COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS
LAWS(MAD)-2016-7-162
HIGH COURT OF MADRAS
Decided on
July 22,2016
A.Jothiramalingam
Appellant
VERSUS
The Executive Officer / Joint Commissioner Department Of Hindu Religious And Charitable Endowments
Respondents
Referred Judgements :-
BHARATH HEAVY ELECTRICAL LIMITED VS. V.PRADEEP NALANKILLI [REFERRED TO]SMT. MEERA BHANJA VS. SMT. NIRMALA KUMARI CHOUDHURY [REFERRED TO]
SHIVDEO SINGH VS. STATE OF PUNJAB [REFERRED TO]
ARIBAM TULESHWAR SHARMA VS. ARIBAM PISHAK SHARMA [REFERRED TO]
NORTHERN INDIA CATERERS INDIA LIMITED VS. LT GOVERNOR OF DELHI [REFERRED TO]
HARINAGAR SUGAR MILLS LTD VS. STATE OF BIHAR [REFERRED TO]
JUDGEMENT
S.S.SUNDAR, J. -
(1.)Review Applications are filed by the Writ Petitioner in W.P.(MD)Nos.21429 to 21433 of 2015 challenging the
final order passed by this Court on 15.04.2016.
(2.)Since several grounds are raised relating to mistake of fact and error apparent in the previous judgment of this Court with reference to the findings recorded by this Court, we proceed to deal with these cases, after narrating the facts and events with reference to the documents filed before us so as to consider the points raised herein effectively.
(3.)The petitioners have filed W.P.(MD)No.21429 to 21433 of 2015 for issuing writ of mandamus, forbearing the respondents herein from evicting the petitioners from their shops situated in Survey No.878/1 and other subdivisions of S.No.878. The facts disclosed in the affidavit filed in support of the writ petitions has to be briefly summarised as under:
3.1.All the petitioners have constructed shops and are running business. All the shops are located in West Rathaveethi (Giri Veethi), Adivaram, near Palani Temple. It is the case of the petitioners that the Tahsildar, Palani, has issued patta in respect of the property either in the name of the petitioner or the head of their family for the same extent for which they are in physical enjoyment and that they are paying taxes, after getting patta.
3.2.It is the further case of the petitioners that the respondent herein is making hectic efforts to dispossess and evict the petitioners from their property under the guise of G.O.Ms.No. 3324, dated 31.08.1974, which is not applicable so far as the property of petitioners is concerned, in the sense that, the subject matter of the writ petitions is not covered by the said Government Order.
3.3.The petitioners who claimed to be in continuous possession and enjoyment of their respective shops, contended that the respondent has no right title or interest over the property concerned. Since the respondent is taking emergent steps to evict the petitioners forcibly and illegally from their own property, the petitioners allege that they have come to this Court, to get their possession protected as envisaged under Article 300A of the Constitution of India. It is pertinent to point out that the petitioners have not mentioned any other proceedings or events in their affidavit relating to the properties which are the subject matter in all the writ petitions.
(2.)Since several grounds are raised relating to mistake of fact and error apparent in the previous judgment of this Court with reference to the findings recorded by this Court, we proceed to deal with these cases, after narrating the facts and events with reference to the documents filed before us so as to consider the points raised herein effectively.
(3.)The petitioners have filed W.P.(MD)No.21429 to 21433 of 2015 for issuing writ of mandamus, forbearing the respondents herein from evicting the petitioners from their shops situated in Survey No.878/1 and other subdivisions of S.No.878. The facts disclosed in the affidavit filed in support of the writ petitions has to be briefly summarised as under:
3.1.All the petitioners have constructed shops and are running business. All the shops are located in West Rathaveethi (Giri Veethi), Adivaram, near Palani Temple. It is the case of the petitioners that the Tahsildar, Palani, has issued patta in respect of the property either in the name of the petitioner or the head of their family for the same extent for which they are in physical enjoyment and that they are paying taxes, after getting patta.
3.2.It is the further case of the petitioners that the respondent herein is making hectic efforts to dispossess and evict the petitioners from their property under the guise of G.O.Ms.No. 3324, dated 31.08.1974, which is not applicable so far as the property of petitioners is concerned, in the sense that, the subject matter of the writ petitions is not covered by the said Government Order.
3.3.The petitioners who claimed to be in continuous possession and enjoyment of their respective shops, contended that the respondent has no right title or interest over the property concerned. Since the respondent is taking emergent steps to evict the petitioners forcibly and illegally from their own property, the petitioners allege that they have come to this Court, to get their possession protected as envisaged under Article 300A of the Constitution of India. It is pertinent to point out that the petitioners have not mentioned any other proceedings or events in their affidavit relating to the properties which are the subject matter in all the writ petitions.
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