SAROJAMMAL Vs. EXECUTIVE OFFICER ARUL MIGU CHELLAPILLAIAR TEMPLE

JUDGEMENT

(1.) ARULMIGU Chellapillaiyar Temple, Otteri , is driven to litigation due to leasing of temple lands.

(2.) SINCE all the three Writs are inter connected they are heard together and disposed of by a common order. W. P. No. 6447/95 The legal heirs of the original lessee by name Subbarayulu Naidu are the petitioners. The Executive Officer of the temple is the first respondent and the Presiding Officer-cum-Special Deputy Collector, Cuddalore , who has passed the impugned order, is the second respondent. W. P. No. 17827/95 The petitioners are claiming that they are the lessees of the temple and the petitioners in W. P. No. 6447/95 are not the lessees. W. P. No. 1142/99 The petitioners in W. P. No. 6447/95 have filed this writ and obtained an interim stay of the fresh auction.

(3.) AGGRIEVED the same, review petition was filed and the same is also dismissed. AGGRIEVED by the same, W. P. No. 6447/95 was filed by the petitioners. This Court has given a direction to the petitioners to pay the arrears. It is stated that the petitioners have paid all the arrears as on the date of the interim order and thereafter, they are not paying any amount and became defaulter. Since they did not pay any arrears and since there is an eviction order the respondents have proceeded with fresh auction and on 5. 9. 98 the Board of Trustees of the temple passed a resolution authorising the Executive Officer to proceed with auction and accordingly on 16. 9. 98 the Executive Officer along with the Tahsildar concerned verified the lands and found that the said land is totally vacant and no one is in occupation hence notification was issued strictly in accordance with Rule (4) and auction date was fixed on 28. 1. 99.