PALANI ARULMIGHU DHANDAYUTHAPANI SWAMY THIRUKKOIL Vs. G. RAGAVAN

JUDGEMENT

(1.) The petitioner herein is the first defendant in O.S. No. 345 of 2014 on the file of the learned Subordinate Judge, Palani, seeking transfer of the suit in O.S. No. 345 of 2014 from the file of the learned Subordinate Judge, Palani, to the file of the any other Subordinate Court at Dindigul. The plaintiffs in O.S. No. 345 of 2014 filed a suit for permanent injunction restraining the petitioner, fourth and fifth respondents herein (D-1 to D-3), from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property, till they are evicted by due process of law, by following the principles of natural justice. The injunction was sought for on the ground that they are the lessees of the property belonging to defendants 1 to 3.

(2.) The injunction is sought for with reference to property, i.e., Shop Nos. 1 to 3, situate at Palani Taluk, Palani Town, Adivaram, Municipal Ward 20, Block 3 in T.S. Nos. 880 and 881, measuring art extent of 16 ft. x 16 ft., including front vacant site measuring an extent of 41 ft. x 11 ft., belongs to the petitioner/temple. The lease was for the period from 01.07.2009 to 30.06.2012.

(3.) The petitioner/temple has issued a notice dated 08.08.2014 informing that the tenancy has come to an end by efflux of time; and thus the plaintiffs had to render back possession and in case of failure, the temple administration may initiate proceedings under Section 78 of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 ("Act' in short). Despite this legal notice, the tenants have rushed to the Court seeking an order of injunction.