Madras High CourtWP/4088/2024disposed of

Subramaniyan v. The District Collector

2024-02-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Subramaniyan .. Petitioner vs 1.The District Collector, Ariyalur District, Ariyalur.

2.The Commissioner, Hindu Religious and Charitable Endowments Dept., No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034.

3.The Superintendent of Police, Ariyalur District, Ariyalur.

4.The District Revenue Officer, Ariyalur District, Ariyalur.

5.The Revenue Divisional Officer, Ariyalur District, Ariyalur.

6.The Tahsildhar, Andimadam Taluk, Ariyalur District.

7.The Sub-Registrar, Sub-Registrar office, Andimadam, Ariyalur District.

8.Chinnappan 9.Xavier 10.Santhanasam 11.Victor Raj 12.Alexander 13.Mariya Dhanaraj 14.Mundhiri Kottai Nattar @ Chinnappam 15.John Kennedy 16.S.Arokiyasamy 17.B.Vanathiyan 18.N.Ronikkammal 19.B.Yesuraj 20.C.Krishnameri 21.C.Arokiyadoss 22.Chinnappan 23.C.Adaikkalaraj .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records pertaining to the impugned compliance report of the sixth respondent in Na.Ka.A1/2481/2023 dated 15.12.2023 and quash the same and consequently direct the respondents 1 to 7 to conduct proper survey in the lands to identify and remove the encroachments in Survey Nos.74/1, 74/2, 45/4, 50 situated at Periyakirshnapuram Village and Survey No.215/1, Survey No.215/2 situated at Varadharajanpettai Town Panchayat, Andimadam Taluk, Ariyalur District.

For the Petitioner : Ms.S.Banupriya for M/s.A.Jagadeeswari For the Respondents : Mr.K.Karthik Jegannath Government Advocate for respondents 1, 4 to 7 : Mr.N.R.R.Arun Natarajan Spl. G.P. (HR & CE) for respondent No.2 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.M.Sylvester John for respondent No.3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.S.Banupriya, learned counsel for M/s.A.Jagadeeswari, learned counsel for the petitioner; Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1, 4 to 7; Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent No.2; and, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel for the third respondent.

2. The present writ petition is filed seeking a direction to quash the compliance report filed by the sixth respondent.

3. Learned counsel for the petitioner submits that, actually, no survey was conducted. Without conducting proper survey, the compliance report has been filed.

4. It appears that, in the compliance report it has been stated that in Survey Nos.74/1, 74/2, 454 and 50 pattas were issued to various persons. The temple land appears to be only in Survey No215/1, in which no encroachment is found.

5. The petitioner claims to be a Trustee of the temple. In that event, the temple can take steps under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

6. With the above observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 21.02.2024 Index :

Yes/No :

Yes/No bbr To 1.The District Collector, Ariyalur District, Ariyalur.