G.CHELLAMUTHU PADAYACHI Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of certiorari to quash the order R.P. No. 264 of 2005 D2 dated 10.9.2007 passed by the Commissioner, HR & CE Department, Chennai rejecting the revision petition filed by the petitioner against the order of the Joint Commissioner, HR & CE Department, Tiruchirapalli. The petitioner was a tenant over the land bearing S.F. No. 44/1, measuring an extent of 4.5.0 acres of lands belonging to Arulmighu Jotheeswarar Temple, Thirumanthurai, Kunnam Taluk, Perambalur District. The petitioner is the tenant over the land for 40 years by paying lease regularly without any arrears.

(2.) The temple took a decision to sell the property to an Educational Trust.

(3.) The case of the petitioner is that on coming to know about the proposal of the temple, he filed a suit in O.S. No. 204 of 2002 in the learned District Munsif Court, Perambalur for a decree of permanent injunction restraining the Executive Officer of temple from evicting the petitioner from the land.