B.Santhanam v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Mr.B.Santhanam ... Petitioner Vs.
1. Government of Tamilnadu rep. By Additional Chief Secretary to Government Tourism, Culture and Religious Endowments Department Fort St.George, Chennai- 600 009
2. The Commissioner HR & CE No.119, Uthamar Gandhi Road, Thousand Lights West Nungambakkam, Chennai - 600 034
3. The District Collector Chengalpattu District at Chengalpattu, Pin-603 001
4. The Assistant Commissioner HR & CE-Collectorate Complex Chengalpattu, Pin-603 001 Page Nos.1/23
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5. The Executive Officer Arulmigu Padavettamman and Kolatchi Amman Thirukoil Kaspaurram, Chennai - 126 Office at Arulmigu Renganatha Petumal Thirukoil Thiruneerumalai, Chennai - 132
6. The Joint Commissioner, Hindu Religious and Charitable Endowments Department Kancheepuram ... Respondents (R6 suo motu impleaded vide this order) Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 04.01.2024. For Petitioner :
Mr.K.Perumal For Respondents :
Mr.N.R.R.Arun Natarajan Special Government Pleader (HR& CE) for R2, R4 and R6 Mr.T.K.Saravanan Government Advocate for R1 and R3
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition is predicated on a 'representation dated 04.01.2024 sent by the writ petitioner to R4 [The Assistant Commissioner, HR & CE-Collectorate Complex, Chengalpattu, Pin-603 001]' {hereinafter Page Nos.3/23
'said representation' for the sake of brevity and convenience}.
2. Mr.K.Perumal, learned counsel for writ petitioner is before us on the 'VC' ['Videoconferencing'] platform. Learned counsel for writ petitioner adverting to said representation submitted that captioned writ petition pertains to alleged encroachments in temple lands comprised in S.Nos.7/6 and 38/1, both in Kasapuram Village, Tambaram Taluk, Kancheepuram and Tiruvallur Districts [hereinafter 'said lands' for the sake of convenience and clarity]. To be noted, said lands are comprised in two S.Nos.7/6 and 38/1 admeasuring 1.38.0 and 4.05.0 hectares respectively said to be belonging to 'Arulmigu Padavettamman Swami and Sri Kolatchi Amman Temples' respectively [hereinafter 'said temples' for the sake of convenience and clarity].
3. Before we proceed further, we pointed out to the learned counsel for writ petitioner that in the said representation, there is a mention about names of five individuals and it has been alleged that they are alleged encroachers but they have not been made parties to the captioned writ petition. Learned counsel accepted this position but did not have any Page Nos.4/23
convincing explanation for the same. We also brought it to the notice of learned counsel that the expression 'person having interest' has been defined under Section 6(15) of 'the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959' (Tamil Nadu Act 22 of 1959)' {hereinafter 'TN HR & CE Act' for the sake of brevity} and that there is no material to demonstrate that the writ petitioner would qualify as 'person having interest'. We express no opinion on whether the writ petitioner would qualify as 'person having interest as defined under Section 6(15) of TN HR & CE Act but there is no material to that effect is clear.
4. However, as the matter pertains to said lands which is said to belong to temples, considering the obtaining legal position that idol is a minor and Court is the guardian and Court is also custodia legies qua properties and more particularly in the light of A.A.Gopalakrishnan principle [A.A.Gopalakrishnan Vs.Cochin Devaswom Board and Ors., reported in (2007) 7 SCC 482] , we deem it appropriate to look into the matter de hors the writ petitioner in our capacity as guardian qua idol and custodia legies qua said lands.
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5. Therefore, on A.A.Gopalakrishnan principle, we issue notice to the respondents.
6. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR& CE) who accepts notice for R2, R4 and R6 and Mr.T.K.Saravanan, learned Government Advocate who accepts notice for R1 and R3 are before us in the physical Court (to be noted, this is a hybrid hearing which is a routine/regular/daily feature in this Court).
7. Mr.N.R.R. Arun Natarajan, learned Special Government Pleader for HR& CE, who accepted notice for R2, R4 and R6, submitted, on instructions, that proceedings under Section 78 of TN HR & CE Act have already been initiated as against as many as 118 persons as regards said lands and that the proceedings are pending. Learned counsel has placed before us details under cover of a letter, a tabulation and details of 78 proceedings and scanned reproduction of all which is as follows: Page Nos.6/23
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8. Learned State counsel also fairly submitted that the five names mentioned in said representation are not respondents in the aforementioned tabulation of 118 names but it is quite possible that they have transferred lands in one form or the other. Suffice to say that if any person / persons other than aforementioned 118 and their rights are likely to be affected, they have to be put on notice and due opportunity should be given to them before the proceedings are concluded. Learned State counsel also very fairly submitted that the 78 proceedings are moving at a brisk phase and by realistic estimate it is likely to be concluded in nine (9) months considering the extent and number of respondents.
9. A careful perusal of Section 78 of TN HR & CE Act makes it clear that the power qua Section 78 are vested with the jurisdictional Joint Commissioner. Unfortunately the writ petitioner has not made the jurisdictional Joint Commissioner a party to the captioned writ petition. In any event, the aforementioned 78 proceedings are pending before jurisdictional Joint Commissioner i.e., Joint Commissioner, Kancheepuram. Page Nos.19/23
10. Be that as it may, as a matter of good order we implead jurisdictional Joint Commissioner, Hindu Religious and Charitable Endowments Department, Kancheepuram as R6 and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader accepts notice for R6 also. Registry is directed to carry out necessary and consequential amendments in the case file and in the order copy before uploading / before issuing certified copies.
11. In the light of narrative thus far, the scope of the writ petition has become very narrow and notwithstanding the aforementioned narrative, main writ petition was taken up with the consent of both sides and we dispose of the captioned writ petition recording the stated position of State counsel that the aforementioned proceedings will be proceeded with and concluded as expeditiously as the business of R6 would permit and preferably by 31.03.2025.
11. Though obvious we make it clear that all the rights and contentions of both sides i.e., TN HR & CE Department as well as respondents in the 78 proceedings and any other person who may be put on notice including five names mentioned in said representation are preserved Page Nos.20/23
for being raised in the 78 proceedings and/or any other collateral /connected proceedings if the same is available is in law. We also make it clear that we have not expressed any view or opinion on the merits of the matter. Therefore, R6 shall proceed with the matter on its own merits and in accordance with law and conclude the proceedings in the aforesaid manner. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 18.06.2024 Index : Yes / No Speaking / Non-speaking gpa Page Nos.21/23
To 1.The Additional Chief Secretary to Government Government of Tamil Nadu Tourism, Culture and Religious Endowments Department Fort St.George, Chennai- 600 009
2. The Commissioner HR & CE No.119, Uthamar Gandhi Road, Thousand Lights West Nungambakkam, Chennai - 600 034
3. The District Collector Chengalpattu District at Chengalpattu, Pin-603 001
4. The Assistant Commissioner HR & CE-Collectorate Complex Chengalpattu, Pin-603 001
5. The Joint Commissioner, Hindu Religious and Charitable Endowments Department Kancheepuram Page Nos.22/23
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 14.06.2024 Page Nos.23/23