Madras High CourtWP/12294/2016disposed of

A.Radhakrishnan, v. The Additional Chief Secretary

2016-04-01Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.12294 of 2016 A.Radhakrishnan .. Petitioner -vs1.The Additional Chief Secretary / Commissioner of Land Administration, Department of Land Administration, Chepauk, Chennai.

2.The District Collector, Salem District, Salem.

3.The Tahsildar, Salem Taluk, Salem.

4.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai.

5.The Joint Commissioner, Hindu Religious and Charitable Endowment, Salem.

6.The Executive Officer, Arulmighu Ambalavana Swamy Temple, Line Road, Gugai, Salem.

7.The Assistant Commissioner of Police, Law and Order, Western Range, Salem City, Salem.

8.The Inspector of Police, Pallapatti Police Station, Salem.

9.Krishnan 10.Durai 11.Rajasekaran 12.Palaniammal .. Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct respondents 2 and 3 to take action to remove the encroachment made by the respondents 9 to 12 and further direct respondents 7 and 8 to give proper police protection for evicting the illegal encroachment from the property of Mandapam Poramboke owned by Arulmighu Ambalavana Swamy Temple situated at Gugai, Salem. For Petitioner :

Mr.A.Radhakrishnan Party-in-person For Respondents :

Mrs.Rita Chandrasekaran for RR 4 to 6 :

Mr.V.R.Kamalanathan, Addl.G.P.

for RR 1 to 3, 7 and 8 :

Mr.Niranjan Rajagopal for Election Commission of India, assisted the Court.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) A reading of the petition shows that the concerned authorities have already decided to take action against the unauthorised construction on temple land and even police assistance was offered. It is urged before us by the learned counsel for respondents 4 to 6 that the Government requires the permission of the Election Commission as there is some area being used for residential purpose.

2.Learned counsel for the Election Commission, who is present, states that if such an application is made, necessary action will be taken within one (1) week from the date of the application. Thus, if permission is granted, there would be no impediment in enforcement.

3.We take the aforesaid statement on record and dispose of the writ petition. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Additional Chief Secretary / Commissioner of Land Administration, Department of Land Administration, Chepauk, Chennai.