B. SHAJI Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) Heard Mr. A.L. Somayaji, Learned Senior Counsel assisted by Mr. P. Sidharthan, Learned Counsel appearing for the Petitioner and Mr. M. Maharaja, Learned Special Government Pleader (HR & CE) appearing for the First Respondent, Mr. D. Rajagopal, Learned Counsel appearing for the Second Respondent and Mr. R. Venkatesh, Learned Government Advocate appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Petitioner, who is a tenant of the premises situated at No. 4, Vengu Chetty Lane, Park Town, Chennai - 600 003 belonging to the Second Respondent, is aggrieved by the order dated 04.07.2019 in Se. Mu. Miscellaneous Petition No. 3/2010/Aa1 passed by the First Respondent for his eviction therefrom under Section 78(4) of the Tamil Nadu Hindu Religious and Charitable Endowments Act , 1959, and has sought for consequential direction to the First and Third Respondents to de-seal the premises, which has been sealed on 03.10.2019 pursuant to that order.

(3.) It is strenuously urged by the Learned Senior Counsel appearing for the Petitioner that before passing the impugned order, the First Respondent had not duly served notice to the Petitioner in the eviction proceedings and, in particular, it is complained that Rule 3 of the Removal of Encroachments on Lands or Buildings belonging to Religious Institutions Rules, has not been followed. In such circumstances, he seeks that the impugned order may be set aside and restoration of possession of the property, which has been sealed on 03.10.2019 pursuant to the impugned order, to the Petitioner may be ordered.