Madras High CourtWP/3826/2023disposed of

S.Rajagopal v. The Principal Secretary

2023-07-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Rajagopal ..

Petitioner Vs.

1. The Principal Secretary to Government of Tourism, Culture and Religious Endowments Department, Secretariat Fort St.George, Chennai - 600 009.

2. The Commissioner of Hindu Religious Endowments Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai - 600 034.

3. The Commissioner of Archives Department of Archaelogy Tamil Development Directorate Complex Tamil Salai, Egmore, Chennai - 600 108.

4. The Joint Commissioner of Hindu Religious Endowments Department Kottai Mariamman Kovil Campus

5. The District Collector Salem District

6. The Revenue Divisional Officer Attur, Attur Taluk Salem District.

7. The Tahsildar Thalaivaasal Taluk Thalaivaasal, Salem District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent herein to consider and pass necessary orders on the representation dated 20.09.2021 made by the petitioner herein to take immediate steps (a) to remove the encroachment of grant lands of public temples of

1) Sri Vinayagar Kovil, 2) Mariamman Kovil, 3) Pidariamman Kovil, 4) Ayyanarswamy Kovil 5) Kamba Perumal Kovil,

6) Ellachetti, 7) Vaitheeswarar Kovil, 8) Vadakariyan Kovil,

9) Malaiamman Kovil, worth about 50 crores at Navakkurichi Village, Talaivasal Taluk, Salem District in respect of S.Nos.21/2-21.93.0, 20/2-2.78.5,36-6.36.0, 57/4-0.15.5/58/60.30.0, 58/8, 0.26.5, 59/3-0.13.0, 63/1-0.60.0, 63/80.33.5,65/50.15.0, 65/6-1.16.0, 65/7, 1.11.5, 65/11-0.05.5, 67/6-0.12.5.68/170.30.0, 171/5-1.77.0, 196/1-1.42.0, 20/12-0.04.0, 202/2-1.46.0, 204/13-0.04.0, 210/3-0.03.0, 212/4, 0.81.0, 214/2-0.52, 234/3-0.55 b) To initiate action against the Revenue Officers and HR&CE who are assisting in putting up encroachments in the common temple lands and endowments land c) To collect the land lease amount from the encroachers dated way back to 20 years under the RR Act. d) To initiate appropriate action to appoint committee or trustees immediately to the temple of historical importance built during the 19th Century and conduct the temple festival expeditiously with a stipulated time frame.

For the Petitioner : Mr.L.Muthusamy For the Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 to R4 Mr.P.Muthukumar State Government Pleader for R5 to R7

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.L.Muthusamy, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for respondents 1 to 4 and Mr.P.Muthukumar, learned State Government Pleader for respondents 5 to 7.

2. Learned counsel for the petitioner submits that encroachments are made on the lands of the public temples as enumerated. The lands are worth more than Rs.50 crores. Illegal encroachments are made. No action has been taken against the encroachers. No revenue is collected from the encroachers since sixty years.

3. Learned Special Government Pleader submits that survey was conducted and the encroachers are the villagers and they have submitted that they would handover the possession. Public auction is scheduled and now, the property would be given as per the public auction.

4. Steps are undertaken by the HR & CE Department. Public auction is scheduled to be conducted. In view of that, no further orders, as such, would be necessary. In case, in future, if the public auction does not materialize and the encroachers are not removed, then the petitioner may agitate the same before the respondents.

5. The writ petition, as such, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 20.07.2023 Index :

Yes/No :

Yes/No drm