LAWS(MAD)-2019-9-61

KARIVARADHARAJA PERUMAL TEMPLE Vs. GOVT OF TAMIL NADU

Decided On September 27, 2019
Karivaradharaja Perumal Temple Appellant
V/S
GOVT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The case of the petitioner is that, Sri Karivaradharaja Perumal Temple at Coimbatore is a 19th century temple constructed by Krishnaraya Udayar, king of Mysure. In the year 2014, the Highways Department of Tamil Nadu Government proposed to construct a fly over with service road near the railway gate on Papanayakanpalayam road, Ganapathy. 8 cents of petitioner land was sought to be acquired for the said purpose and therefore, notification under Section 15(2) of Tamil Nadu Highways Act, 2001 (hereinafter referred to as "the Act") was issued.

(2.) Alleging that without issuing any notice whatsoever, the respondents are taking steps to acquire the land, situated in an extent of 12 cents and patta is granted in favour of the petitioner temple.

(3.) Earlier, a writ petition seeking to quash the notification issued under Section 15(2) of the Act, was filed by the petitioner herein in W.P.No.27306 of 2018. The State contested the writ petition stating that, the land sought to be acquired does not belong to the petitioner; no patta issued to the petitioner in respect of the land and the said land sought to be acquired is classified as 'government poromboke'.