Madras High CourtWP/5292/2017disposed of

P.Sigamani v. The District Collector

2017-03-23Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.5292 of 2017 P.Sigamani .. Petitioner Vs.

1 The District Collector Salem District, Salem.

2 The Tahsildhar Salem Taluk and District Salem.

3 The Commisioner Hindu Religious & Charitable Endowment Nungambakkam, Chennai - 600 034.

4 The Deputy commissioner Hindu Religious & Charitable Endowment Coimbatore.

5 The Executive Officer Senkunthar Kumaraguru Subramania Swamy Koil Devasthanam Ammapettai, Salem.

6 The Sub Registrar Salem (East) S.R.O., Salem.

7 M.K.Sankar 8 M.K.Babu 9 A.Murugan 10 A.S.Gnanam 11 R.Sethumadhavan 12 D.Subramanian 13 S.Umapathy 14 A.Seshajalam .. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents, particularly respondents 1 to 5, to take necessary action to recover the following lands belonging to Lord Kumaragu Subramania Swamy Temple from respondents 9 to 14 situated at Ammapettai Town, Salem Taluk and District viz., (i) bearing Door No.254/1401 (Old No.253/1401 & 254/1401), as per present Re-survey, Ward -N, Block No.29, Present Door No.335, T.S.No.134 measuring both sides 7.10 x 26.10 ft -219 Sq.ft. (ii) bearing Door No.253 & 254/1401, Old D.No.254/1401, as per present Re-survey, D.No.334, Ward -N, Block No.29, T.S.No.134, measuring both sides 11.6 x 12.07.10 ft. & - 26.10 x 26.10 - 315 Sq.ft. (iii) bearing Door No.113B/1401, (Old No.254/1401) present D.No.

113B, Sengunthar Metu Street, JDivision as per Re-Survey Ward-N, Block No.29, D.No.335, T.S.No.134 (Part), belonged to the Temple Devasthanam, measuring 12.3 x 12.3, 31 x 31.6 - 702 Sq.ft., and (iv) bearing Door No.113 (Old D.No.113/1401), Sengunthar Mettu Street, as per ReSurvey D.No.113, J-Division, Ward-AJ, Block No.29, D.No.1/10, T.S.No.134/2 - measuring 351⁄4 x 153⁄4, 51 x 21 - 10881⁄2 sq.ft. - a total extent of 2294.5 Sq.Ft. on the basis of my representation dated 20.11.2016.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.R.Vijayakumar Additional Govt. Pleader for respondents 1, 2 and 6 Mr.M.Maharaja Spl. Government Pleader for respondents 3 to 5 Mr.K.Ramesh for 9th respondent Mr.K.Somasundaram for 11th respondent

ORDER

(Order of the Court was made by the Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing respondents, particularly respondents 1 to 5, to take necessary action to recover the following lands belonging to Lord Kumaragu Subramania Swamy Temple from respondents 9 to 14 situated at

Ammapettai Town, Salem Taluk and District viz., (i) bearing Door No.254/1401 (Old No.253/1401 & 254/1401), as per present Re-survey, Ward-N, Block No.29, Present Door No.335, T.S.No.134, measuring both sides 7.10 x 26.10 ft-219 Sq.ft. (ii) bearing Door No.253 & 254/1401, Old D.No.254/1401, as per present Re-survey, D.No.334, Ward -N, Block No.29, T.S.No.134, measuring both sides 11.6 x 12.07.10 ft. & - 26.10 x 26.10 - 315 Sq.ft. (iii) bearing Door No.113B/1401, (Old No.254/1401) present D.No.113B, Sengunthar Metu Street, JDivision as per Re-Survey Ward-N, Block No.29, D.No.335, T.S.No.134 (Part), belonged to the Temple Devasthanam, measuring 12.3 x 12.3, 31 x 31.6 - 702 Sq.ft., and (iv) bearing Door No.113 (Old D.No.113/1401), Sengunthar Mettu Street, as per ReSurvey D.No.113, J-Division, Ward-AJ, Block No.29, D.No.1/10, T.S.No.134/2 - measuring 351⁄4 x 153⁄4, 51 x 21 - 10881⁄2 sq.ft. - a total extent of 2294.5 Sq.Ft. on the basis of my representation dated 20.11.2016.

2. The grievance of the petitioner is that the lands belonging to temple have been encroached upon by respondents 9 to 14 and, therefore, immediate steps should be taken to remove the encroachments and recover the lands.

3. Mr.R.Vijayakumar, learned Additional Government Pleader appearing for respondents 1, 2 and 6 and Mr.M.Maharaja, learned Special Government Pleader appearing for respondents 3 to 5 have submitted that they will conduct a survey of the lands and thereafter take effective steps to remove the encroachments and restore the temple lands.

4. In view of the above said submission, it is for the respondent authorities to do the needful to survey the temple lands and remove the encroachments, of course after issuing notice to the encroachers and following the due process of law. The writ petition is disposed of accordingly. No costs. s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrarsasi To: