Supreme Court of India · 2019-04-08
S. Kumar vs The Commissioner
- Citation / case number
- AIRONLINE 2019 SC 313
- Court
- Supreme Court of India
- Petitioner
- S. Kumar
- Respondent
- The Commissioner
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, particularly Sections 77 to 79, govern the eviction of encroachers from land belonging to religious institutions. The Court found that the appellants, who claimed to be in lawful possession of their shops, were entitled to due process before any dispossession could occur. Consequently, the Court set aside the High Court's dismissal of the writ petitions and allowed the appeals, emphasizing the necessity of following legal procedures in eviction matters.