S.Vishwanathan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.10675 of 2019 S.Vishwanathan ... Petitioner Vs 1.The Government of Tamil Nadu Represented by its Secretary, Department of Revenue, Secretariat, Chennai - 600 009.

2.The Government of Tamil Nadu Rep. by its Secretary No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

3.The District Collector, Collectorate Office, 4.The Commissioner, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

5.The Joint Commissioner,

6.The Assistant Commissioner, 7.The Executive Officer, Sri Konganeeswarar Temple, Nemili Taluk, Kaveripakkam Post, Vellore District - 632 508.

... Respondents Prayer : Writ Petition filed under 226 of the Constitution of India to issue a writ of mandamus directing the respondents to retrieve the lands and complex of 'Sri Konguneeshwarar Temple' comprised in Survey No.1274(2), 1276(3), 1279(2)(4), 1282, 1285, 1286(2), 1287(2), 1288(1) in Patta No.21 situated at Kaveripakkam, Nemili Taluk, Vellore District from the persons who have encroached on the temple lands and complex.

For Petitioner : M/s.B.Aparna Mr.G.K.Muthukumar, Spl GP for R1, R2 & R4 Mr.M.Karthikeyan, Spl GP for R3, R5 to R7 For Respondents :

ORDER

(Order of the Court was made by M.M.SUNDRESH,J) The petitioner has come forward to file this writ petition with the grievance that the respondents are turning a blind eye to the encroachment made over the land belonging to Sri Konguneeshwarar Temple situated at Kaveripakkam, Nemili Taluk, Vellore District.

2. In the latest status report filed by the Joint Commissioner, HR & CE Department, Vellore, namely, the fifth respondent, it has been stated that all the cases are pending enquiry pursuant to the proceedings initiated under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959.

3. We have also perused the status report filed by the fifth respondent. Though it appears that action has been initiated pursuant to the complaint made by the petitioner

during the pendency of the writ petition, we direct the aforesaid proceedings to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. Writ Petition stands disposed of accordingly. No Costs. Consequently, connected W.M.P.Nos.11138 and 11140 of 2019 are closed.

Sd/-- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ssm To 1.The Secretary, Department of Revenue, Secretariat, Chennai - 600 009.

2.The Secretary No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

3.The District Collector, Collectorate Office, 4.The Commissioner, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai - 600 034.

5.The Joint Commissioner,

6.The Assistant Commissioner, 7.The Executive Officer, Sri Konganeeswarar Temple, Nemili Taluk, Kaveripakkam Post, Vellore District - 632 508.

+ one CC to Govt. Pleader,High Court, Madras104. (SR.No.19876 & 19272) W.P.No.10675 of 2019 RSK - C.O.

MRP 03.03.2020