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Supreme Court of India 2019-04-08

S. Kumar vs Commissioner & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Shopkeepers claimed lawful possession of temple premises in Tamil Nadu, either as licensees or with temple authority permission. When authorities issued dispossession notices without statutory procedure, they filed writ petitions for relief. The High Court dismissed these petitions. The Supreme Court allowed the appeals, holding that Chapter VII of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 prescribes mandatory procedures for handling temple land encroachment and dispossession. Since authorities bypassed these statutory procedures, the High Court erred. The Court set aside the dismissal and permitted authorities to proceed using the correct legal pathway under the Act.

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Administrative Law Temple Law Procedural Due Process Statutory Procedure Encroachment and Eviction Writ Jurisdiction Religious Institutions Tamil Nadu

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