S RAMASAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) In order to appreciate the issues involved in this writ petition, the factual matrix needs to be placed on record.

(2.) The lands admeasuring an extent of 20.80 acres comprised in Survey No.48/2 (part) in Veerachipalayam Village, Sankari Taluk, Salem District, have been owned jointly by two temples namely, Arulmighu Thanneer Kattu Perumal Thirukoil and Arulmighu Mariamman Thirukoil, the petitioners herein.

(3.) The petitioner temples are governed by the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as "H.R.&C.E. Act") right from the year 1966 and even prior to it. A letter was issued by two of the three trustees of the 2nd petitioner temple stating that consent has been given for the removal of limestone from the land situated in Survey No.48/2 in 14 acres belonging to the petitioners out of 20 acres and payment for the same at Rs.500/- per year.