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Madras High CourtWP/15918/2022disposed of

Arun Ganapathy v. The Executive Officer

2022-06-27Honourable Mr Justice C. Saravanan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Arun Ganapathy ... Petitioner Vs 1.The Executive Officer, Sri Mangala Lakshmi Udanurai Alagu Raja Perumal Thirukkoil, Thakkolam Village, Arakonam Taluk, Ranipet District.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments, Arakonam Taluk, Ranipet District.

3.The Joint Commissioner, Hindu Religious & Charitable Endowments, Arakonam Taluk, Ranipet District.

4.The Commissioner, Hindu Religious & Charitable Endowments, N0.118, Uthamar Gandhi Road, Nungambakkam, Chennai - 34.

5.The District Collector, Collectorate Ranipet, Ranipet.

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6.Karimullah 7.Ammu 8.Dhanapal 9.Senthamarai 10.Sankar 11.Annamalai 12.Saravanan 13.Melin Bai 14.Selvam 15.Shek Jeyaluddin 16.Rajambal 17.Ganesan

18. Asha 19.Meenakshi 20.Perumal 21.Selva 22.Dhanalakshmi 23.Masthan 2/9

24.Muniyammal 25.Sankar 26.Sampath 27.Sankar 28.Pancha 29.Kumar 30.Elumalai 31.Gopi 32.Palani 33.Kanniappan 34.Nilavathi 35.Ashokan 36.Selvaraj 37.Sekar 38.Basha 39.Krishnan 40.Janakiammal 41.Abibu Rahman 3/9

42.Muniyammal 43.Vadivammal 44.Nagalingam 45.Najeer 46.Sowndharajan 47.Shanmugam 48.Jayanthi 49.Dhamu 50.Jayapal 51.The Inspector of Police, Thakkolam Police Station, Ranipet District .

52.The Thasildar, Arakkonam Taluk, Ranipet District.

(R51 & R52 are suo motu impleaded vide order of this Court in W.P.No.15918 of 2022 dated 27.06.2022) ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to take necessary and appropriate steps to evict the encroachers 6 to 50 under Section 78 of the Tamil Nadu Hindu Religious and Charitable 4/9

Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) as per the order dated 03.12.2021 passed by the third respondent to retrieve the subject temple as per the order of the third respondent within a stipulated time. For Petitioner : Ms.Kalpana AK For Respondents :

For R1 to R4 : Mr.N.R.R.Arun Natarajan Special Government Pleader For R5 : Mr.M.Shahjahan Special Government Pleader

ORDER

Mr.N.R.R.Arun Natarajan, learned Special Government Pleader takes notice on behalf of the first to fourth respondents and Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the fifth respondent.

2. After hearing the learned counsel for the petitioner and the learned Special Government Pleaders for the respondents, this writ petition is being disposed at the time of admission, by dispensing with notice and counter of the private respondents, in the light of the order 5/9

passed by the Joint Commissioner the third respondent under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959, against the encroachers on 03.12.2021.

3. The official respondents are therefore directed to consider the petitioner's representation and pass appropriate orders in the light of the aforesaid order and also after considering the fact as to whether any revision petition has been filed under Section 21 of the Hindu Religious and Charitable Endowments Act, 1959, before the commissioner, within a period of six weeks from the date of receipt of a copy of this order.

4. Needless to state, before evicting the encroachers, due process of law shall be complied by the official respondents. Considering the fact that the Police and the Revenue Authorities are required for taking such steps, the Inspector of Police, Thakkolam Police Station, Ranipet District and the Thasildar, Arakkonam Taluk, Ranipet District are suo motu impleaded as Respondent Nos.51 & 52 in this case. 6/9

5. This Writ Petition stands disposed of in terms of the above observations. No costs.

27.06.2022 Index : Yes/ No Internet : Yes/No Speaking/Non-Speaking Order arb Note:

Registry is directed to carry out the necessary corrections in the cause title before issuing the order copy.

To 1.The Executive Officer, Sri Mangala Lakshmi Udanurai Alagu Raja Perumal Thirukkoil, Thakkolam Village, Arakonam Taluk, Ranipet District.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments, Arakonam Taluk, Ranipet District.

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3.The Joint Commissioner, Hindu Religious & Charitable Endowments, Arakonam Taluk, Ranipet District.

4.The Commissioner, Hindu Religious & Charitable Endowments, N0.118, Uthamar Gandhi Road, Nungambakkam, Chennai - 34.

5.The District Collector, Collectorate Ranipet, Ranipet.

6.The Inspector of Police, Thakkolam Police Station, Ranipet District .

7.The Thasildar, Arakkonam Taluk, Ranipet District.

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C.SARAVANAN, J.

arb 27.06.2022 9/9