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Madras High CourtWP/11655/2017disposed of

M/S.Arur A/M.Sri Vaneeswari v. The Commissioner

2017-07-07Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.11655 of 2017 M/s.Arur Arulmigu Sri Vaneeswari Udanurai Sri Vaneeswarar Thirukkovil "Valipattu Sangam" Rep. By its President T.Arumugam, 2nd Ward, Mariyamman Kovil Street, Kadai Veedhi, Arur, Dharmapuri District.

... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Department (HR&CE), Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department (HR&CE), Kottai Mariyamman Kovil, Salem.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department (HR&CE), Kumarasamypettai, Dharmapuri.

4. The Executive Officer/Fit Person, Sri Vaneeswari Udanurai Sri Vaneeswarar Thirukovil, Presently at Arulmighu Anumantheeswarar Thirukkovil, Anumantheertham, Arur, Dharmapuri District.

5. The District Collector, O/o. Collectorate of Dharmapuri District, Dharmapuri.

6.The Tahsildar, O/o. Taluk of Arur, Arur, Dharmapuri District.

... Respondents

PRAYER :

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the encroachment to the temple land of "Sri Vaneeswarar Swamy Temple", comprised in old Survey No.138/1G3, New S.No.429/1, measuring an extent of 0.39.5 hectares at Arur Town and Taluk, Dharmapuri District, in the light of the third respondent office vide proceedings in Na.Ka.No.3629/2016/A6 dated 14.11.2016 within stipulated time. For Petitioner : Mr.A.K.Gopalan For RR 1 to 4 : Mr.M.Maharaja Special Govt Pleader [HR & CE] For RR 5 & 6 : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN,J.] By consent, the writ petition is taken up for final disposal. Mr.M.Maharaja, learned Special Government Pleader [HR&CE] accepts notice on behalf of respondents 1 to 4 and Mr.R.Vijayakumar, the learned Additional Government Pleader accepts notice on behalf of respondents 5 and 6.

2. The petitioner in the affidavit filed in support of this writ petition as a Public Interest Litigation, would aver among other things that the temple namely "Sri Vaneeswarar Swamy Temple" is situate in Old Survey No.138/1G3, New Survey No.429/1, admeasuring an extent of 0.39.5 hectares (97 cents) at Arur Town and Taluk, Dharmapuri District. The temple is more than 1000 years old and it is also under the control of Hindu Religious and Charitable Endowment Department (HR&CE). The grievance expressed by the petitioner is that out of 97 cents of land owned by the petitioner-temple, nearly 40 cents have been encroached by the encroachers and in this regard, repeated representations have been submitted to all the respondents and despite receipt and acknowledgement, no action has been taken and hence, he came forward to file this writ petition.

3. The learned counsel appearing for the petitioner has drawn the attention of this Court to the typed set of papers and would submit that the third respondent by communication vide Na.Ka.No.3629/2016/A6 dated 14.11.2016, has requested the sixth respondent to take necessary steps to remove the encroachments and in spite of which, the sixth respondent is not taking any action.

4. The learned Additional Government Pleader appearing for the respondents 5 and 6 submitted that the Tahsildar has already inspected the petitioner-temple and he is going to submit a report to the third respondent.

5. This Court, heard the submissions of Mr.M.Maharaja, the learned Special Government Pleader [HR &CE] appearing for respondents 1 to 4 and perused the materials available before it.

6. This Court, taking into consideration the above facts and circumstances, directs the sixth respondent to take necessary steps for removal of encroachments after putting the encroachers on notice and shall take steps in accordance with law and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the encroachers.

7. The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds To

1. The Commissioner, Hindu Religious and Charitable Endowment Department (HR&CE), Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department (HR&CE), Kottai Mariyamman Kovil, Salem.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department (HR&CE), Kumarasamypettai, Dharmapuri.

4. The Executive Officer/Fit Person, Sri Vaneeswari Udanurai Sri Vaneeswarar Thirukovil, Presently at Arulmighu Anumantheeswarar Thirukkovil, Anumantheertham, Arur, Dharmapuri District.

5. The District Collector, O/o. Collectorate of Dharmapuri District, Dharmapuri.

6. The Tahsildar, O/o. Taluk of Arur, Arur, Dharmapuri District.

+4cc's to Mr.A.K.Gopalan, Advocate, S.R.No.47340 +1cc to the Government Pleader, S.R.No.47669 W.P.No.11655 of 2017 and W.M.P.No.18507 of 2017 MSM(CO) CA(24/07/2017)