K. RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant, who is stated to be a sub lessee, has come up with this intra Court Appeal challenging the order dated 5.08.2013 in WP No. 1977 of 2010 dismissing the writ petition filed by him to quash the order of eviction and the related appellate order.

(2.) THE property, which is the subject matter of this intra Court appeal, belongs to Arulmighu Apparsamy Thirukovil, Mylapore. The said property bearing D. No. 173, Royapettah High Road, Mylapore, was given on lease to Mrs. Sakunthala Ammal. The wife of the petitioner by name R. Selvi was the servant maid of Tmt. Sakunthala Ammal. It is the case of the appellant that the tenant treated his wife as a permissive occupier. The tenant Sakunthala Ammal died on 31.12.2008. The appellant and his wife continued to occupy the property. 3. While so, the third respondent initiated proceedings of eviction treating the appellant as encroacher. The joint Commissioner conducted a detailed enquiry with due opportunity to the petitioner and arrived at a factual conclusion that the appellant is an encroacher and as such, he is liable to be evicted from the premises. The said order was challenged before the Commissioner, HR&CE Department by invoking Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowment Act 1959. The Appellate Authority by way of a detailed order negatived the contentions taken by the appellant. The said order was challenged before the Government. The issue was once again considered and the revision petition was dismissed by order dated 19.1.2010. The said order was challenged in W.P. No. 1977 of 2000.

(3.) The learned single Judge considered the factual matrix in detail and confirmed the order passed by the statutory authority. Feeling aggrieved, the appellant is before this Court.