S JOTHIRAMALINGAM; KARUPPASAMY; SHANMUGA BOOPATHI; K MEENAKSHI; M PANEERSELVAM Vs. EXECUTIVE OFFICER/JOINT COMMISSIONER, DEPARTMENT OF HINDU RELIGIOUS & CHARITABLE ENDOWMENTS

JUDGEMENT

(1.) It is yet another attempt made by the petitioners generation after generation to make Lord Palaniyandi of Palani as "real Aandi."

(2.) The petitioners are the occupants of the properties comprised in Survey Nos.878/1, 878/6, 878/4, 872/2 and 878/7 located opposite to Arulmigu Dhandayuthapani Swamy Thirukkovil, Palani, as per the pattas. According to the petitioners the lands comprised in Survey Nos. 878/1, 878/6, 878/4, 872/2 and 878/7 are being enjoyed by the petitioners and their ancestors were the predecessors in title continuously for many years. Subsequently, the pattas have been issued in respect of the portions of the lands under their occupations and they are as follows: <FRM>JUDGEMENT_413_LAWS(MAD)4_2016.html</FRM>

(3.) The respective petitioners have been carrying on various business in the said properties and have been paying tax to the authorities for their business carried on by them regularly. Some of the petitioners have been issued pattas and few of the petitioners have applied for change of pattas either after purchasing the property or as legal heir after its death of the patta holder. The applications for change of pattas have not been considered in respect of those who applied for change of patta and the said applications are pending. When things stand so, the respondent without any right, is trying to take possession of the properties which is under their occupation of the petitioners forcibly and illegally. Therefore, left with no other option, the petitioners are before this Court by way of these writ petitions.