V.Venkatesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR V.Venkatesan ... Petitioner vs 1.The District Collector, Chennai District, Chennai - 632 009.
2.The Thasildar, Alandur Taluk, Alandur, Chennai - 600 016.
3.The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
4.The Trustee, Arulmighu Prasanna Vinayagar Temple, Mannapakkam, Chennai - 600 125.
5.M/s. Casa Grande Private Limited, Rep. By its Manager M.Arun Kumar, No.111, 5th Floor, NPL Devi LB Road, Thiruvanmiyur, Chennai - 600 041.
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6.The Joint Commissioner (II), Division - 2, Hindu Religious and Charitable Endowments Department, Chennai - 4.
7.The Assistant Commissioner, Division - 2, Hindu Religious and Charitable Endowments Department, Chennai - 4. ... Respondents (R6 and R7 suo motu impleaded vide order dated 05.11.2024 in W.P.No.10014 of 2021) Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 4 to initiate action to remove the encroachment committed by the 5th respondent as per law on the landed property in S.No.424 and other adjacent land belonging to the Arulmighu Prasanna Vinayagar Temple, Manapakkam, Alandur Taluk, Chennai District forthwith. For Petitioner :
Mr.M.Sarath Kumar For Respondents :
Mr.M.S.Arasakumar, Government Advocate for R1 and R2 Mr.N.R.R.Arun Natarajan, Special Government Pleader (HR&CE) for R3, R4 and R6 Page Nos.2/10
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) pertains to land said to be belonging to a temple which goes by the name 'Arulmighu Prasanna Vinayagar temple'. This temple is situate in Manapakkam, Alandur Taluk, Chennai District and it shall be referred to as 'said temple'.
2. Mr.M.Sarath Kumar, learned counsel for writ petitioner is before us. Learned counsel submits that the writ petitioner has sent a representation dated 11.08.2020 to R1 and R2 regarding alleged encroachment by R5. A scanned reproduction of this representation is as follows:
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3. As regards locus, 'person having interest' is defined in subsection (15) of Section 6 of 'The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959)' [hereinafter 'TN Page Nos.5/10
HR & CE Act' for the sake of convenience and clarity]. There is no averment in the support affidavit which satisfies the ingredients of 'person having interest' though there is a reference to Section 6(15) in paragraph 3. However, we do not intend to delve further into this aspect of the matter as Court is parens patriae qua idol which is in the status of a minor and Court is also custodia legis qua temple property. Therefore, in this view of the matter, we take up the captioned WP.
4. Issue notice to respondents. Mr.M.S.Arasa Kumar, learned Government Advocate accepts notice for R1 and R2. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) accepts notice for R3 and R4.
5. Learned State counsel, more particularly HR & CE counsel submits that steps are underway to appoint a Fit Person qua said temple which means the Fit Person will qualify as a trustee as AND when appointed and as far as this order is concerned it will suffice to say that there is no R4 as of today.
6. Section 78 of TN HR & CE Act provides for removal of encroachment and it shall be the duty of TN HR & CE Department to Page Nos.6/10
look into the matter and initiate proceedings under Section 78 if that be so.
7. Considering the narrow scope of the captioned WP and as the rights and contentions of R5 can be protected (R5 will be given an opportunity in Section 78 proceedings), captioned main WP is taken up with the consent of both sides in the Admission Board itself.
8. Fit person on being appointed (R4) shall consider the aforementioned 11.08.2020 representation and do all that is necessary to kick start proceedings under Section 78 of TN HR & CE Act. In the proceedings, though obvious, we make it clear that R5 which is the alleged encroacher will be given an opportunity as per law. Therefore, this is the safety valve we are putting in with regard to R5 and we make it clear that captioned main WP is being disposed of inter-alia owing to this safety valve. We also make it clear that we are not expressing any view or opinion on alleged encroachment by R5. Though obvious we add that this will be in the domain of Section 78 legal drill.
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9. Now, it is for R4 to kick start proceedings under Section 78 of TN HR & CE Act and it is for the TN HR & CE Department to ensure that the proceedings are concluded as expeditiously as the business of all concerned would permit. We make it clear that jurisdictional Joint Commissioner, TN HR & CE Department is the authority vested with power under Section 78 and jurisdictional Assistant Commissioner of TN HR & CE Department has to submit a report. Therefore, we have suo motu impleaded Joint Commissioner (II), Division - 2, Hindu Religious and Charitable Endowments Department, Chennai - 4 and jurisdictional Assistant Commissioner, Division - 2, Hindu Religious and Charitable Endowments Department, Chennai - 4 as R6 and R7 respectively and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) accepts notice for R6 and R7 also.
10. Besides R5, if there are any other alleged encroachers, it is open to the authorities to kick start Section 78 proceedings against such entities/persons also and they shall also be given an opportunity in the Section 78 proceedings.
11. Captioned WP is disposed of in the aforesaid manner. There Page Nos.8/10
shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 05.11.2024 Index : Yes / No mmi To 1.The District Collector, Chennai District, Chennai - 632 009.
2.The Thasildar, Alandur Taluk, Alandur, Chennai - 600 016.
3.The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
4.The Trustee, Arulmighu Prasanna Vinayagar Temple, Mannapakkam, Chennai - 600 125.
5.The Joint Commissioner (II), Division - 2, Hindu Religious and Charitable Endowments Department, Chennai - 4.
6.The Assistant Commissioner, Division - 2, Hindu Religious and Charitable Endowments Department, Chennai - 4.
M.SUNDAR, J., and Page Nos.9/10
K.RAJASEKAR, J., mmi W.P.No.10014 of 2021 05.11.2024 Page Nos.10/10