B. BOOMA DEVI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Instant writ appeal is directed against the order, dated 1/2/2019, passed in W.P.No.13455 of 2010.

(2.) Facts in brief are as follows:-

(3.) The learned Single Judge, vide, order, dated 1/2/2019, dismissed the writ petition, observing that the Subordinate Judge, Chengalpattu, could not have decreed the suit, without following the procedure as laid down in the Code of Civil Procedure 1908. The learned Single Judge held that the suit has been filed nine years after the agreement to sale was entered into and also the suit is barred by time. The learned Single Judge also held that the temple was a public temple, and under Section 34 of the Hindu Religious and Charitable Endowments Department Act, the property could not have been sold without the permission of the Commissioner. The learned Single Judge also found that there was a suppression of fact, on the part of the appellants, in as much as the appellants/writ petitioners had not disclosed the filing of an earlier writ petition, and also a subsequent filing of the present writ petition. This judgement is under challenge in the instant writ petition.