Eviction of Temple Vendors: Supreme Court Overturns High Court Ruling

The case revolves around the eviction of vendors operating near temple premises in Tamil Nadu. The appellants, S. Kumar and Others, were small business owners who had been operating their shops within temple premises, either as licensees or with the temple authorities’ permission. They challenged their eviction by state authorities, arguing that due process was not followed.

The matter was heard by the High Court of Madras, which dismissed their appeals, leading them to approach the Supreme Court.

Arguments of the Petitioner

The appellants contended that:

• They had been lawfully occupying their shops and running their businesses for years.
• The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, governed such disputes, and the authorities had not followed the proper legal process.
• The notices of eviction issued to them were unlawful as they did not provide an opportunity for fair hearing.

Arguments of the Respondent

The state authorities and temple management countered:

• The appellants were encroachers and had no legal right to continue occupying the temple premises.
• The temple authorities had the right to reclaim the land for religious and administrative purposes.
• The eviction notices were justified and aligned with the broader interest of temple administration.

Key Observations by the Supreme Court

The Supreme Court ruled:

“The issue raised in these appeals is governed by the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The respondents did not resort to the remedies provided under the Act against the appellants. The action taken by the respondents, which was impugned before the High Court, was not taken under the Act, 1959.”

The court emphasized that the authorities had not followed the due process outlined in the law and, therefore, the eviction notices were not valid.

Judgment

The Supreme Court set aside the High Court’s order, allowing the appeals. The court, however, granted liberty to the authorities to proceed against the appellants lawfully under the Tamil Nadu Hindu Religious and Charitable Endowments Act.

Thus, the petition was allowed, and the eviction orders were overturned.

Petitioner Name: S. Kumar and Others.
Respondent Name: The Commissioner & Others.
Judgment By: Justice Abhay Manohar Sapre, Justice Dinesh Maheshwari.
Place Of Incident: Tamil Nadu.
Judgment Date: 08-04-2019.

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