NATARAJAR THULUVA Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) The petitioner seeks issuance of a Writ of Certiorarified Mandamus, to quash the order dtd. 3/12/2024 in Na.Ka.No.10725/2023/A2 on the file of the 2nd respondent and to consequently, forbear the respondents from, in any manner, taking possession of the premises belonging to Sri Natarajar Thuluva Vellalar Samudaya Koodam.

(2.) Pending the writ petition, an urgent motion was made, brining to my notice that the respondents/officials, with the aid of police officials, have forcibly taken physical possession of the premises from the petitioner. In view of the urgency expressed and in fact, an application already being filed in W.M.P.No.45767 of 2025, seeking an Ad-interim direction to the respondents to hand over possession of the premises of which forcible possession has been taken by the officials, I proceeded to hear the main writ petition itself, along with W.M.P.No.45767 of 2025 for an interim direction.

(3.) Mr.Sharath Chandran, assisted by Mr.Gowwtham Thelak V.B, learned counsel for the writ petitioner would submit that the petitioner is an Association, comprising of members of Thuluva Vellala Community, who are found in large numbers in Salem District and various other pockets. According to the petitioner, Sri Natarajar Thuluva Vellalar Samudaya Koodam is in existence for more than 100 years and it has been constructed on the land donated by the members of the said community, though there is no formal document evidencing title, the Samudaya Koodam stands on Government Poramboke lands, as reflected in the revenue records. According to the petitioner, the Sadudaya Koodam measures 2170 sq.ft, comprising of two floors and the ground floor is used as a hall for performing various functions for the community members and the 1st floor is used as a dining hall, on a minimum rent being charged from the users, which goes only towards the maintenance of the building.