CUDDALORE DISTRICT Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) THE petitioners in both writ petition and contempt petition is the Cooperative Society viz., Cuddalore District Saravanabhava Consumer Cooperative Wholesale Stores Limited, represented by its Special Officer, having office at 3, Beach Road, Cuddalore.

(2.) IN the writ petition, the petitioner challenges an order of the Joint Commissioner, HR and CE Department, Villupuram, dated 22.06.2010 and sought to set aside the said order. By the impugned order, the application filed by the second respondent Arulmigu Padaleswarar temple at Tirupathipuliyur, Cuddalore represented by its Executive Officer made in M.P.No.44 of 2009 was allowed by the first respondent in terms of Section 78 of the Tamil Nadu HR and CE Act and a direction was given under Section 79 to the Revenue Department and Police Department to remove the encroachment and to secure the temple property and the process to be initiated by the Assistant Commissioner, HR and CE, Cuddalore.

(3.) WHEN the writ petition came up on 07.09.2010, this Court ordered notice of motion and granted interim stay on condition the petitioner should pay 50% of the amount fixed by the order dated 29.01.2007, failing to pay will automatically result in stay being cancelled without any notice.