S.Venkataraman v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2019 CORAM :
The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.5943 of 2019 S.Venkataraman .. Petitioner -vs1.State of Tamil Nadu, rep. by its Secretary, Hindu Religious & Charitable Endowment Department, Fort St. George, Chennai - 600 009.
2.The Commissioner, HR & CE Board, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
3.The Inspector, HR & CE Board, Krishnagiri District, Krishnagiri.
4.The Assistant Commissioner, HR & CE Board, Dharmapuri District, Dharmapuri.
5.The Commissioner, HR & CE Board, Salem.
6.The Village Administrative Officer, Vepalampatti Village, Sandoor Post, Pochampalli Taluk, Krishnagiri District.
7.G.Periasamy 8.Jayanthi .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1, 2 and 3 to remove the encroachers of the temple land comprised in Survey numbers 532 and 533 an extent of 3.26.0
hectares situated at Veppalampatti Village, Pochampalli Taluk, Krishnagiri District and conduct public auction to lease out the said land.
For Petitioner : Mr.N.Beulah John Selvaraj For Respondents : Mr.M.Maharaja Spl. Government Pleader (HR & CE) for respondent Nos.1 to 5
ORDER
(Order of the Court was made by M.Duraiswamy, J.) The above writ petition has been filed by the petitioner as Public Interest Litigation to issue a writ of mandamus directing respondent Nos.1 to 3 to remove the encroachers of the temple land comprised in Survey Nos.532 and 533 measuring an extent of 3.26.0 hectares situated at Veppalampatti Village, Pochampalli Taluk, Krishnagiri District and conduct public auction to lease out the said land.
2. Mr.M.Maharaja, learned Special Government Pleader (HR & CE) taking notice for respondent Nos.1 to 5 submitted that the private respondents viz., respondent Nos.7 and 8 are lessees under the Hindu Religious and Charitable Endowment Department and that the period of lease had already come to an end and also respondent Nos.1 to 5 are taking steps to conduct auction in respect of the said land for leasing out to the private parties. The submission made by the learned Special Government Pleader (HR & CE) is recorded.
3. Since the official respondents have already taken steps to auction the property after the expiry of lease period granted in favour of respondent Nos.7 and 8, we find no reason to pass any further direction to the official respondents.
4. Accordingly, the writ petition is disposed of, however, we direct the official respondents to complete the process of conducting auction as expeditiously as possible. No costs. Consequently, W.M.P.No.6765 of 2019 is closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar
To 1.The Secretary, Hindu Religious & Charitable Endowment Department, Fort St. George, Chennai - 600 009.
2.The Commissioner, HR & CE Board, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
3.The Inspector, HR & CE Board, Krishnagiri District, Krishnagiri.
4.The Assistant Commissioner, HR & CE Board, Dharmapuri District, Dharmapuri.
5.The Commissioner, HR & CE Board, Salem.
6.The Village Administrative Officer, Vepalampatti Village, Sandoor Post, Pochampalli Taluk, Krishnagiri District.
+1 CC to Mr.N.Beulah John Selvaraj, Advocate sr 20109. +1 CC to Govt. Pleader sr 20497.
W.P.No.5943 of 2019 SP(15/03/2019)