Madras High CourtWP/11199/2021disposed of

A.Radhakrishnan v. The Secretary To Government

2024-09-05Honourable Mr Justice M.Dhandapani11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Radhakrishnan ... Petitioner Vs.

1.The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

3.The Secretary to Government, Tourism, Culture and Endowments Department, Secretariat, Chennai-600 009.

4.The Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

5.The Commissioner of Land Administration, Chepauk, Chennai-600 005.

6.The Director of Survey and Settlements, Chepauk, Chennai-600 005.

7.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Nungambakkam High Road, Chennai-600 034.

8.The Archaeology Commissioner, Tamil Valarchi Valaagam, Egmore, Chennai-600 008.

9.The Director General of Police, Dr.Radhakrishna Salai, Chennai-600 004.

10.The District Executive Magistrate cum Collector, Dharmapuri.

11.The Taluk Executive Magistrate cum Tahsildar, Pennagaram, Dharmapuri District.

12.The Deputy Inspector General of Police, Salem Range, Salem-636 007.

13.The Regional Deputy Director of Survey and Land Records, Collectorate Campus, Coimbatore.

14.The Archaeological Officer, Dharmapuri.

15.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem-636 001.

16.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dharmapuri.

17.Sankar, Inspector of Hindu Religious and Charitable Endowments Department, Dharmapuri.

18.The Fit Person, Arulmigu Thimmaraya Swamy Temple, Near Aathanur Bus Stand, Pennagaram, Dharmapuri District.

19.The Fit Person, Arulmigu Kathiri Narasingaswamy Temple, Pennagaram, Dharmapuri District.

20.The Inspector of Police, Pennagaram, Dharmapuri District.

21.Durai, Sub-Inspector of Police, Pennagaram, Dharmapuri District.

22.C.Murugesan 23.Muruganantham @ Thandayutham 24.Rajasekar 25.Murugavel 26.Santhosh 27.Arulmurugan 28.Raja 29.Krishnan 30.Murugan 31.M.Thangavel ... Respondents (*R31 is impleaded vide order dated 05.09.2024 made in W.M.P.No.17981 of 2021 in W.P.No.11199 of 2021*) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 16 to secure and safeguard the Temples of the respondent Nos.18 and

19 and its properties by considering the petitioner's representation dated 14.03.2021 and also following the dictum of the Hon'ble Apex Court and this Court as well as the Circular issued by the seventh respondent. For Petitioner :

Mr.A.Radhakrishnan (Party-in-person) For Respondents : Mr.LSM.Hasan Fizal Additional Government Pleader for R1, R2, R4 to R6, R8, R10, R11 R13 and R14 Mr.K.Karthikeyan Government Advocate (HR & CE) for R3, R7 and R15 to R19 Mr.L.Baskaran, Government Advocate (Crl.) for R9, R12 and R20 Mr.P.R.Krishnaraj for R29 and R30 No appearance for R21, R22 and R23 to R28.

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 16 to secure and safeguard the properties and Temples of the respondent Nos.18 and 19.

2. The petitioner/party-in-person appeared before this Court and submitted that the properties belonging to the respondent Nos.18 and 19 Temples were encroached by some third parties and for recovery of the same, the present writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondent Nos.1, 2, 4 to 6, 8, 10, 11, 13 and 14 submits that the properties of the respondent Nos.18 and 19 Temples were encroached by some persons and the proceedings under Section 78 of the Hindu Religious and Charitable Endowments Act were initiated against them and the same will be concluded within a period fixed by this Court. The persons, who are in occupation of the properties of the respondent Nos.18 and 19 Temple, will also be evicted after due process of law.

4. Recording the submission made by the learned Additional Government Pleader appearing for the respondent Nos.1, 2, 4 to 6, 8, 10, 11,

13 and 14, this Writ Petition is disposed of, directing the official respondents to evict the encroachers, who are in occupation of the properties of the respondent Nos.18 and 19 Temples and conclude the proceedings initiated under Section 78 of the said Act within a period of 12 weeks from the date of receipt of a copy of this order. However, liberty is granted to the private respondents to work out their remedy in the manner known to law. There shall be no order as to costs. 05.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.