S.Ranganathan v. The Secretary Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Ranganathan : Petitioner versus 1.The Secretary, H.R. & C.E. Department, Fort St.George, Chennai.9 2.The Commissioner of H.R. & C.E., 3.The Additional Commissioner (Enquiry) H.R. & C.E., 4.The Joint Commissioner, H.R. & C.E., 5.The Commissioner of Police, EVK Sampathy Salai, Vepery, Chennai

6.The Executive Officer, APVP Temple, 7.R.Kalyanaraghavan 8.R.Radhakrishnan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 3 to inspect the temple records as early as before 1970 and find out the temple land and remove the encroachment and mutation of revenue records and take possession of the temple land in accordance with law, further take steps to cancel the sale deed obtained executed by the hereditary trustees in collusion with the land grabbers. For the Petitioner :

Mr.K.Thiruvengadam For Respondents 1 to 4 :

Mr.N.R.R.Arun Natarajan, Spl.G.P.

For Respondent No.5 :

Mrs.R.Anitha, Spl.G.P.

For Respondent No.6 :

Mr.P.Wilson Topaz, for M/s.A.S.Kailasam Associates For Respondents 7 & 8 :

Ms.Elizabeth Ravi

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Thiruvengadam, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan, learned Spl.G.P., for respondents 1 to 4 Mrs.R.Anitha, learned Spl.G.P., for respondent No.5, Mr.P.Wilson Topaz, learned counsel for respondent No.6 and Ms.Elizabeth Ravi, learned counsel for respondents 7 and

8.

2. It is submitted that there are three tenants. Two tenants are legitimately in occupation. However, the third one is a trustee and he cannot be a tenant. Mr.N.R.R.Arun Natarajan, learned Spl.G.P., submits that steps would be taken as against the said person in accordance with law. Proceedings would be commenced within three months from today. Needless to state, it will be open for the person against whom steps are taken, to put-forth his/her stand and defence, which would be considered by the H.R. & C.E. Department.

3. With this observation, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 18.08.2023 Index : Yes/No : Yes/No tar To 1.The Secretary, H.R. & C.E. Department, Fort St.George, Chennai.9 2.The Commissioner of H.R. & C.E.,

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 3.The Additional Commissioner (enquiry) H.R. & C.E., 4.The Joint Commissioner, H.R. & C.E., 5.The Commissioner of Police, EVK Sampathy Salai, Vepery, Chennai 18.08.2023