G. Vijayan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR G. Vijayan Petitioner vs.

1.

The District Collector Chennai District Rajaji Salai Chennai 600 001 The Revenue Divisional Officer Chennai - North Mahalakshmi Nagar Puzhal Chennai 600 060 The Tahsildar Kolathur Taluk GKM Colony Chennai 600 082 The Chairman Board of Trustees Arulmigu Somanatha Swamy Thirukoil Kolathur Chennai 600 099 5.

Nandhagopal Respondents Page Nos.1/6

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachment caused by the fifth respondent on the sacred pond by demolishing the illegal structures situated in T.S.No.67, Block No.26, Old S.No.87 (Part), viz., Surya Kulam, Kolathur Village, presently Kolathur Taluk.

For petitioner Mr. T.S. Kanmani For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader For R4 Mr. N.R.R. Arun Natarajan Special Govt. Pleader ( HR & CE )

ORDER

[made by M.SUNDAR, J.] Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a removal of encroachment prayer qua a 'pond in T.S.67, Block No.26, Old S.No.87 (Part), viz., Surya Kulam, Kolathur Village, presently Kolathur Taluk' [hereinafter 'said pond' for the sake of convenience and clarity].

Page Nos.2/6

Mr. T.S. Kanmani, learned counsel on record for writ petitioner, submits that R5 (Nandhagopal-private respondent) is the alleged encroacher. Repeated requests to official respondents have not yielded results and that has necessitated the captioned WP, is learned counsel's further say.

Issue notice to official respondents.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 3 and and Mr. N.R.R. Arun Natarajan, learned Special Government Pleader (HR & CE), accepts notice for R4.

5.

Mr. T.K. Saravanan, learned State counsel, submits, on instructions, that a survey has been conducted on 21.05.2024 (survey by R3), encroachment qua said pond has been noticed and proceedings under Section 78 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 convenience and clarity] Page Nos.3/6

are in the anvil.

6.

Proceedings under Section 78 of the TN HR & CE Act necessarily means that the alleged encroacher i.e., R5 and/or any other alleged encroacher(s) will be put on notice, given an opportunity and there will be adjudication before final orders are passed. Therefore, we make it clear that all the rights and contentions of R5 and/or any other alleged encroacher/s shall stand preserved and this order does not touch upon the rights of R5 and/or any other alleged encroacher(s) in any manner. In this view of the matter, we dispense with notice to R5 and take up the captioned WP. 7.

Captioned WP stands disposed of by recording the aforesaid stated position of learned State counsel that a proceedings under Section 78 of TN HR & CE Act qua said pond shall be commenced as expeditiously as the business of officials concerned would permit but in any event within six weeks from today, i.e., on or before 23.07.2025. There shall be no order as to costs. (M.S., J.) (H.C., J.) 11.06.2025 cad Page Nos.4/6

To 1.

The District Collector Chennai District Rajaji Salai Chennai 600 001 The Revenue Divisional Officer Chennai - North Mahalakshmi Nagar Puzhal Chennai 600 060 The Tahsildar Kolathur Taluk GKM Colony Chennai 600 082 The Chairman Board of Trustees Arulmigu Somanatha Swamy Thirukoil Kolathur Chennai 600 099 Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 11.06.2025 Page Nos.6/6