K. SAMPATH Vs. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, GOVERNMENT OF TAMIL NADU, AND OTHER

JUDGEMENT

(1.) Heard Mr. AR. L. Sundaresan, learned Senior Counsel, representing M/s.A.L.Ganthimathi, learned counsel for the petitioners; Mr.M.Maharaja, learned Special Government Pleader (HR and CE) for the first respondent; Mr.S.Karthikai Balan, learned counsel for the second respondent and perused the materials available on record.

(2.) Brief facts of the case are that indisputably land measuring an extent of 13 cents in Survey No.175/B in Mechery Village belongs to Arulmighu Pasupatheeswarar Temple, Mettur Taluk, Salem District. One Karkone encroached upon the lands and by constructing a tiled house therein had let out the property to the third parties. After the demise of the said Karkone, his son Sampath, petitioner in W.P.No.9108 of 2013 constructed a RCC building and leased out the shops in favour of the other petitioners. It seems that the said Sampath has retained one shop for his own use.

(3.) The Joint Commissioner, HR and CE, Salem initiated proceedings against the petitioners under Section 78(1) of Hindu Religious and Charitable Endowments Act, (in short "HR and CE Act"). Some of the petitioners filed a batch of Writ Petitions in W.P.No.13906 of 2008 etc. and they came to be dismissed on 25.08.2009. Some of the petitioners filed reply statements and participated during the enquiry, but many did not choose to contest the proceeding. The stand of the petitioners was that the property had been under occupation of the said Sampath and his predecessors for more than 70 years and hence, the Temple lost its right over the property.