THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM A.S.No.573 of 2009 and M.P.No.1 of 2009

[2/25, 19:01] Sekarreporter: A.S.No.573 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2020
CORAM
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM
A.S.No.573 of 2009
and
M.P.No.1 of 2009
and
C.M.P.No.11631 of 2019
1.Balkis Natciar
2.M.Saleem
3.Sithi Fareeda
4.M.Sahul Hameed
5.Haseena Fareeda
Appellants 1 to 5 are rep by.
Their Power Agent the 10
th Appellant
T.Mohamed Ibrahim Maricar
6.S.A.Sara Ummal
7.H.Sithi Zubaira Begum
8.H.Yusuf Ansari
Appellants 6 to 8 are residing at
48, Mamathambi Maricar Street, Karaikal.
9.T.Ahamed Maricar(Died)
10.T.Mohamed Ibrahim Maricar
11.T.Mohamed Abubakar Maricar
12.Salma Natchiar
13.Sahira Banu
14.Farveen Mumtaz
(Appellants 12 to 14 brought on record
as Lrs of the deceased 9
th appellant vide
Court order of Court dated 06.12.2019
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[2/25, 19:03] Sekarreporter: A.S.No.573 of 2009
conclusion for the dismissal of the suit instituted by the
appellants/plaintiffs.

  1. The facts and circumstances placed before this Court reveals
    that there are many encroachments of Temple land, more specifically,
    adjacent to the Temple itself. The Temple administration under the
    Hindu Religious and Charitable Endowments Act [HR & CE Act] is duty
    bound to prevent all such encroachments by following the procedures
    as contemplated under the said Act. It is needless to state that it is
    the duty mandatory on the part of the authorities to ensure that the
    Temple properties are protected and utilized for the welfare of the
    Temple and Devotees as well as for the public at large. This being the
    spirit of the Hindu Religious and Charitable Endowments Act, the
    authorities cannot commit any violation or lapses in the matter of
    removing encroachments and implementing the said Act scrupulously.
  2. Consequently, the judgment and decree dated 31.10.2007
    passed in O.S.No.10 of 2014 is confirmed and the appeal suit in
    42/44

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