Thangapandian @ Kaliamurthy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Thangapandian @ Kalimurthy

...Petitioner

Vs 1.The Commissioner, Hindu Religious and Endowment Board, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Endowment Board, Trichy - 6.

3.The Assistant Commissioner, Hindu Religious and Endowment Board, Ariyalur District, Ariyalur.

4.The Executive Officer, Arul Migu Vathiyanath Samy Tirukoil, Thirumalapadi - 621851, Ariyalur Taluk and District.

5.Elangovan

6.Mark 7.Jeyaraj 8.Yesnayya 9.Suryaprakasam 10.Krishnamoorthy 11.S.R.Kumar Natarajan (R5 to R11 - impleaded as per order dated 02.08.2011 by EDRJ & MVJ in M.P.No.1 of 2014 in W.P.No.16296 of 2011) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to take action against the encroachers and also land grabbers of the properties of the Arulmigu Vathiyanath Samy Tirukoil at Thirumalapadi, Ariyalur by considering the petitioner's representations dated 22.02.2011, 28.02.2011, 07.03.2011 and 15.03.2011.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.Arul Natarajan, Special Government Pleader for R1 to R3.

Mr.Arun Anbumani for R9.

Mr.C.Prabhakaran for R5.

O R D E R

[Order of the Court was made by R.MAHADEVAN,J,]

According to the petitioner, Arulmighu Vaidyanathan Swamy Temple is situated at Thirumazhapadi, Ariyalur Taluk and it owns 510.15 acres of land. All the villagers and the neighbouring villagers regularly visit the temple for worshiping the deity. It is now, the grievance of the petitioner that the properties belonging to the temple have been leased to various third parties, but they have not properly paying the lease amount; and that, some persons without proper agreement from the authorities concerned, have been in possession of the properties. The HR&CE Department, which is the custodian of the temple and its properties, did not take any step either to recover the lease amount or retrieve the land leased out to third parties; and that, no attempt has been made to remove the encroachments in the temple lands.

Therefore, the petitioner made repeated representations dated 22.02.2011, 28.02.2011, 07.03.2011 and 15.03.2011 to the respondents in this regard. Finding no response on the same, he has come up with this writ petition seeking a direction to the respondents to take action against the encroachers and land grabbers of the properties belonging to the temple. 2.

Special Government Pleader appearing for the respondent fairly submitted that the respondent authorities would consider the representations of the petitioner and take action as per law, within a time frame to be stipulated by this court.

3.In view of the above, this court, without going into the merits of the case, directs the respondent authorities to conduct enquiry on the representations of the petitioner dated 22.02.2011, 28.02.2011, 07.03.2011 and 15.03.2011 and thereafter, take action by removing the encroachment, recovering the rent payable to the temple properties and initiating proceedings against the encroachers, after following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4.Accordingly, this writ petition stands disposed of. No costs. (R.M.D.,J.) (M.S.Q.,J.) 20.01.2023 ay/nsd Index:Yes / No Speaking Order / Non-speaking Order

Copy To 1.The Commissioner, Hindu Religious and Endowment Board, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Endowment Board, Trichy - 6.

3.The Assistant Commissioner, Hindu Religious and Endowment Board, Ariyalur District, Ariyalur.

R.MAHADEVAN,J.

and MOHAMMED SHAFFIQ,J.

ay Dated:20.01.2023