Madras High CourtWP/10580/2024disposed of

S.Vinoth Raghavendran, v. The Secretary To Government,

2024-04-18Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Vinoth Ragavendran ..

Petitioner Vs.

1. The Secretary to Government Department of Revenue and Disaster Management State of Tamil Nadu, Fort St. George Chennai - 9.

2. The Secretary to Government Department of School Education State of Tamil Nadu, Fort St. George Chennai - 9.

3. The Secretary to Government Department of Tourism, Culture and Hindu Religious and Charitable Endowments Department State of Tamil Nadu, Fort St. George Chennai - 9.

4. The Commissioner Hindu Religious and Charitable Endowments Administration Department, No.119 Uttamar Gandhi Salai, Nungambakkam Chennai - 34.

5. The District Collector Cuddalore District, Cuddalore.

6. The Joint Commissioner Hindu Religious and Charitable Endowments Administration Department, No.198A Appavu Street, Manjakuppam Cuddalore - 607 001.

7. The Joint Commissioner Hindu Religious and Charitable Endowments Administration Department, No.198A Appavu Street, Manjakuppam Cuddalore - 607 001.

8. The Executive Officer Arulmigu Devanatha Swamy Devasthanam Thiruvanthipuram, Cuddalore District.

9. St. Joseph's Matriculation Higher Secondary School By its Correspondent Koothapakkam Cuddalore District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 8 to take action in accordance with law to restore possession of the property in S.No.32/1 - 1.10.50 hectares and S.No.32/2 - 1.37.5 hectares (Old S.No.16/1) at Koothapakkam, Cuddalore in Patta No.25 at Koothapakkam Village, Cuddalore to the temple Arulmigu Devanatha Swamy Temple, Thiruvanthipuram, Cuddalore District by evicting the 9th respondent.

For the Petitioner : Mr.N.Suresh For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 to R3 & R5 Mr.NRR.Arun Natarajan Special Government Pleader (HR & CE) for R4, R6 & R7

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Suresh, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1 to 3 and 5 and Mr.NRR.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent Nos.4, 6 and 7.

2. It is submitted by the learned counsel for the petitioner that the land in S.Nos.32/2 and 32/1 is a temple land. Encroachment has not been removed.

3. Learned Special Government Pleader (HR & CE) submits that the ninth respondent filed a writ petition bearing W.P.No.27377 of 2009. The learned Single Judge of this Court, under the order dated 30.08.2019, directed to provide alternate land to the ninth respondent, admeasuring not less than 4 1⁄2 acres at Bhuvanagiri Village or in the alternative, if the land is not feasible for allotment, any other land which is situated near the town or village with easy access to the main road or abutting the road. After the allotment of alternate land, possession was directed to be taken of the subject land in S.No.32/2.

4. Learned State Government Pleader submits that the proposal is pending with the Government for allotment of alternate land to the ninth respondent.

5. The judgment is delivered almost five years ago by the learned Single Judge of this Court and the Government is still sitting over the proposal. Steps need to be taken to implement the order of the learned Single Judge of this Court dated 30.08.2019 in

W.P.No.27377 of 2009. The said land shall be identified within a period of six months from today.

6. As far as the other lands are concerned, the learned Special Government Pleader (HR & CE) submits that survey would be conducted within a period of three months from today and upon survey, if encroachment is found, action under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, would be undertaken immediately.

7. With the aforesaid observations and directions, the writ petition stands disposed of. There shall be no orders as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 Index :

Yes/No :

Yes/No drm