Palanisamy Muthusamy Gounder v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Palanisamy Muthusamy Gounder .. Petitioner vs.

1.The Commissioner, Tamil Nadu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.

2.The District Collector, Erode 3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore 4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode

5.The Tahildar, Perundurai, Erode District-638 052 6.The Executive Officer, Siddhi Vinayagar Temple, Perundurai, Erode-638 052 7.Saraswathi 8.K.Govindarajan 9.K.Renugadevi .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 12.10.2019 and to recover the temple land viz, Siddhi Vinayagar Temple, situated in Perundurai, Erode District, to an extent of 11,016 sq.ft., comprised in S.No.1149/5 (Now R.S.No.834/1) forthwith. For the Petitioner : Mr.D.Kanagasundaram for Mr.T.N.Rajagopalan For the Respondents : Mr.C.Jayaprakash Govt. Advocate (HR & CE) for respondents 1, 3 and 4 : Mr.T.K.Saravanan Government Advocate for respondents 2, 5 and 6 : Mr.M.Guruprasad for respondents 7 to 9

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.D.Kanagasundaram, learned counsel for Mr.T.N.Rajagopalan, learned counsel for the petitioner;

Mr.C.Jayaprakash, learned Government Advocate (HR & CE) for respondents 1, 3 and 4; Mr.T.K.Saravanan, learned Government Advocate for respondents 2, 5 and 6; and, Mr.M.Guruprasad, learned counsel for respondents 7 to 9.

2. Learned counsel for the petitioner submits that the temple land is encroached by respondents 7 to 9.

3. Learned Government Advocate (HR & CE) submits that Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 proceedings have been initiated and they are pending.

4. Learned counsel for respondents 7 to 9 submits that a civil suit for declaration is filed and the same is pending.

5. It is for the HR & CE Department to take up the proceedings as may be permissible under law expeditiously.

6. With these observations, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :

Yes/No :

Yes/No bbr

To 1.The Commissioner, Tamil Nadu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.

2.The District Collector, Erode 3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore 4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode 5.The Tahildar, Perundurai, Erode District-638 052 6.The Executive Officer, Siddhi Vinayagar Temple, Perundurai, Erode-638 052

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 12.01.2024