N.V.SAMBANDAM Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The points for consideration in this writ petition are as follows:

(2.) Aggrieved by the eviction order dated 19.04.2013 passed by the second respondent under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, this writ petition has been filed.

(3.) It is the case of the petitioners that under a Permanent Counter Part Agreement dated 09.12.1904 with the first respondent temple, the petitioners were put in possession of the temple property as perpetual lessees. According to them, without any basis, under the impugned order, the second respondent has passed the eviction order on the ground that the lease under the Permanent Counter Part Agreement dated 09.12.1904 is only valid for 99 years and on account of its expiry, the petitioners will have to redeliver possession to the first respondent temple. It is also the case of the petitioners that the claim of the second respondent is barred by law of limitation as prior to the amendment of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 2003, Limitation Act was applicable and therefore, the power exercised by the second respondent under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 in the year 2013 is barred by the law of limitation.