Nagarajan v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.9828 of 2023 Nagarajan ...

Petitioner versus 1.The Principal Secretary Revenue Department, Fort St Goerge Secretariat, Chenani 600 009 2.The Principal Secretary Environment and Forest Department Fort St.Goerge, Secretariat Chenani 600 009 3.The Principal Secretary CT and RE Department Fort St George Secretariat, Chennai 600 009 4.The Commissioner Hindu Religious Charitable Endowments Department Nungambakkam, Chennai 600 034 5.The District Collector Thiruvallur District Collector Thiruvallur District

6.The Tahsildar Ponneri Taluk Office Ponneri, Thiruvallur District 7.The Deputy Commissioner of Police Redhills Police District, Madhavaram Chennai 600 060 8.The Village Panchayat President Padiyanallur Panchayat Office Padiyanallur, Redhills, Chennai 600 052 9.K. Velusamy ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 to 5 and 7 to consider and dispose of the representation made by the petitioner on 11.03.2023 15.03.2023 to protect, control and undertake the Verama Kali Temple pond and temple at Thiruvallur District Ponneri Taluk, Padiyanallur-2 Village, Survey No.86/4 totally measuring an extent of Hectare 0-050.50 Ares and to allow petitioner and other villagers to utilize the pond for doing the customs and rites. For the Petitioner :

Mr.K.Yuvaraj For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 3 and 5 to 7 Mr.N.R.R.Arun Natarajan, Spl.G.P.

for H.R. & C.E. Department for fourth respondent

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking a writ of mandamus directing respondents 1 to 5 and 7 to consider and dispose of the representation made by the petitioner to protect, control and undertake the Verama Kali Temple pond and temple at Thiruvallur District, Ponneri Taluk, Padiyanallur-2 Village, Survey No.86/4, totally measuring an extent of Hectare 0-050.50 Ares and to allow petitioner and other villagers to utilize the pond for doing customs and rites.

2. Learned counsel for the petitioner contended that the ninth respondent, a retired District Revenue Officer, is attempting to encroach the national highways road. The petitioner has given a representation dated 23.12.2022, in this regard, to the fourth respondent. That apart, another villager, one Mr.Ramesh, has also given a representation to the fourth respondent, dated 10.03.2023. However, there was no response from the authorities. Hence, this writ petition has been filed.

3. Mr.Arun Natarajan, learned Special Government Pleader appearing for the Hindu Religious Charitable Endowments Department, has submitted that even according to the petitioner, the ninth respondent is only making an attempt to encroach and actual encroachment has not been made yet. Moreover, the temple situate on the bank of the pond does not belong to the Department. Learned Special Government Pleader assured that if any attempt is made by anyone to encroach upon the Government land, strict action would be taken, and if any encroachment is made, the same would be removed forthwith.

4. Recording the statement made by learned Special Government Pleader, this writ petition is dismissed. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 30.03.2023 Index : Yes/No : Yes/No tar

To 1.The Principal Secretary Revenue Department, Fort St Goerge Secretariat, Chenani 600 009 2.The Principal Secretary Environment and Forest Department Fort St.Goerge, Secretariat Chenani 600 009 3.The Principal Secretary CT and RE Department Fort St George Secretariat, Chennai 600 009 4.The Commissioner Hindu Religious Charitable Endowments Department Nungambakkam, Chennai 600 034 5.The District Collector Thiruvallur District Collector Thiruvallur District 6.The Tahsildar Ponneri Taluk Office Ponneri, Thiruvallur District 7.The Deputy Commissioner of Police Redhills Police District, Madhavaram Chennai 600 060 8.The Village Panchayat President Padiyanallur Panchayat Office Padiyanallur, Redhills, Chennai 600 052

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 30.03.2023