LAWS(MAD)-2007-11-468

N SENTHILVELAN IYER Vs. STATE OF TAMIL NADU

Decided On November 28, 2007
N.SENTHILVELAN IYER Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner claims to be the hereditary Archagar of Arulmighu Subramania Swamy Thirukoil, Pallakkapalayam Village and Post, Thiruchengode Taluk, Namakkal District and according to him he has been serving as hereditary Archagar for many years and he has occupied the place situated below the hill while the temple is situated at the top of the hill.

(2.) THE electricity board, the fifth respondent wanted to put up a sub-station in the place where the petitioner occupied. Admittedly, the property which was occupied by the petitioner was handed over to the temple and the temple in its turn has handed over the property to the electricity board. It is not in dispute that the electricity board which acquired the property has also paid compensation to the temple and the ownership of the temple is not disputed.

(3.) THE only point raised by the learned counsel for the petitioner is that while it is true that the property belongs to the temple and the petitioner's case is that as hereditary archagar he has been living in that portion, which belongs to temple, in these years and in any event, the petitioner is entitled for salary as per Section 57 of the Hindu Religious and Endowment Act.