S.Parthiban v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Parthiban : Petitioner Vs 1.The Commissioner Hindu Religious and Charitable Endowments Department No.119, Mahathma Gandhi Road Nungmbakkam Chennai 600 034.
2.The Joint Commissioner Hindu Religious and Charitable Endowments Department No.119, Mahathma Gandhi Road Nungmbakkam Chennai 600 034.
3.The Deputy Commissioner Hindu Religious and Charitable Endowments Department No.119, Mahathma Gandhi Road Nungmbakkam Chennai 600 034.
4.The Assistant Commissioner Hindu Religious and Charitable Endowments, Chennai 5.The Executive Officer Arulmighu Karaneeshwarar Thirukkoil Saidapet Chennai 600 015.
6.The Commissioner of Corporation Greater Corporation of Chennai Rippon Building Chennai.
7.The Assistant Engineer
Zone No.X Division No.140 Kodambakkam Chennai.
8.The Assistant Executive Engineer Unit -30 Zone. No.X Division No.140 Kodambakkam Chennai.
9.The Inspector of Police R-6 Kumaran Nagar Police Station Chennai.
10.Mr.S.Ramalingam : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to take appropriate action to retrieve and secure the entire lands belongs to the Karaneeshwarar Temple, Saidapet, Chennai 600 015 as the per the direction of this court in W.P.(MD) No.16833 of 2017 dated 12/02/2018 and based on the petitioners representation dated 01/09/2020 by taking appropriate action as against all encroachers in the Karaneshwarar Temple lands within a time. For Petitioner :
Mr.A.Ilayaperumal For Respondents 1 to 5 :
Mr.K.Karthikeyan, Government Advocate For Respondents 6 to 8 :
Mr.A.Arun Babu For Respondent No.9 :
Mr.T.K.Saravanan, Government Advocate
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.A.Ilayaperumal, learned counsel for the petitioner, Mr.K.Karthikeyan, learned Government Advocate, appearing for respondents 1 to 5, Mr.A.Arun Babu, learned counsel appearing for respondents 6 to 8 and Mr.T.K.Saravanan, learned Government Advocate, appearing for the ninth respondent.
2. Counter-affidavit of the fifth respondent suggests that a suit has been filed against the tenth respondent by the Hindu Religious and Charitable Endowments Department and proceedings under Section 78 of the HR&CE Act has also been initiated.
3. Learned counsel for the petitioner submits that there are other properties also encroached by some other persons.
4. It is for the HR & CE Department to look into the said aspect of the matter. The Department may take action against the encroachers as may be permissible under law.
5. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.12555 of 2021 is also closed. (S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index : Yes/No : Yes/No tar
To 1.The Commissioner Hindu Religious and Charitable Endowments Department No.119, Mahathma Gandhi Road Nungmbakkam Chennai 600 034.
2.The Joint Commissioner Hindu Religious and Charitable Endowments Department No.119, Mahathma Gandhi Road Nungmbakkam Chennai 600 034.
3.The Deputy Commissioner Hindu Religious and Charitable Endowments Department No.119, Mahathma Gandhi Road Nungmbakkam Chennai 600 034.
4.The Assistant Commissioner Hindu Religious and Charitable Endowments, Chennai 5.The Executive Officer Arulmighu Karaneeshwarar Thirukkoil Saidapet Chennai 600 015.
6.The Commissioner of Corporation Greater Corporation of Chennai Rippon Building Chennai.
7.The Assistant Engineer Zone No.X Division No.140 Kodambakkam Chennai.
8.The Assistant Executive Engineer Unit -30 Zone. No.X Division No.140 Kodambakkam Chennai.
9.The Inspector of Police R-6 Kumaran Nagar Police Station Chennai.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 01.02.2024