R.Sathiyaraj v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Sathiyaraj .. Petitioner Vs 1.The District Collector, Villupuram.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Dept., Villupuram.
3.The Tashildhar, Vanur Taluk, Vanur, Villupuram.
4.Anandan 5.R.Radha 6.Seetha 7.M.Iyyappan 8.T.Mani 9.Lakshmi 10.Radhakrishnan 11.Rammurthy 12.Elumalai 13.Murugaiyan
14.Lalitha 15.Sathiya 16.Kandeeban 17.Valarmathi 18.Mahalakshmi 19.Arumugam 20.Thangavelu 21.Santhira 22.Tamil 23.Senthil 24.Ayyanar 25.Dhanalakshmi 26.Selvi 27.Chinnadurai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachments on the S.No.222/6 measuring 0.70.5 hectares of Morattandi Village, which belongs to Mari Amman Temple, Moranttandi Village, Thiruchitrambalam Panchayat, Vanur Taluk, Villupuram District.
For the Petitioner : Mr.G.Baskar For the Respondents : Mr.K.Karthik Jegannath Government Advocate for respondents 1 and 3 : Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE) for respondent No.2
: Ms.V.Srimathi for respondent Nos.7, 8, 10 to 12, 13 to 19, 21, 23 & 24 : R5, R6 & R20 - Died : R4, R9, R22, R26 & R27 - Not Ready in Notice : No appearance for respondent No.25
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.G.Baskar, learned counsel for the petitioner; Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 and 3; Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the second respondent; and Ms.V.Srimathi, learned counsel for respondents 7, 8, 10 to 19, 21, 23 and 24.
2. The petitioner alleges encroachment on the temple land.
3. The private respondents, i.e., respondents 7, 8, 10 to 19, 21, 23 and 24, have filed an affidavit denying that the writ land is a temple land. It is stated that these respondents are in occupation for more than three generations. They have been issued with the electricity connection, water supply connection and sewage connection. The land is not under the control and management of the Hindu Religious and Charitable Endowments Department.
4. Mr.K.Karthik Jegannath, learned Government Advocate, submits that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued to all the encroachers on 26.4.2022. No reply has been received. The authority would proceed further in accordance with law.
5. There is no embargo on the power of the authorities to proceed further in accordance with law. If the authorities
proceed further, it is for the parties to take steps in accordance with law.
The writ petition is disposed of accordingly. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 16.08.2023 Index :
Yes/No Yes/No sasi To:
1.The District Collector, Villupuram.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Dept., Villupuram.
3.The Tashildhar, Vanur Taluk, Vanur, Villupuram.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 16.08.2023