Arulmigu Mariamman & v. The Commissioner

2024:MHC:6048

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.21663 of 2013 Arulmigu Mariamman & Ponniamman Devasthanam, Represented by fit person, Having Office at Arulmigu Thiruvalleeswarar Thirukoil, Padi, Chennai - 600 050.

... Petitioner Vs.

1.The Commissioner, Ripon Buildings, Chennai - 600 003.

2.The Zonal Officer, Zone VII, Ambattur, Chennai - 600 053.

3.Revenue Divisional Officer, Ambattur, Cehnnai - 600 053.

4.The Tahsildar, Ambattur, Chennai - 600 053.

5.Village Administrative Officer, Padi, Chennai - 600 050.

6.The Commissioner, Office of the Commissioner, Hindu Religious and Charitable Endowments Department, No.11, Uthamar Nandhi Salai, Chennai - 600 034.

[R6 suo motu impleaded as per order dated 04.01.2024 in W.P.No.18357 of 2018 by SMSJ] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from in any manner or putting up construction on land bearing Survey No.335/1, T.S.No.6, Ward-I, Block No.2, measuring 3932 sq.mtrs., Padi Village. For Petitioner : Mr.S.Surya for M/s.A.S.Kailasam and Associates For R1 & R2 : Mr.D.B.R.Prabhu Standing Counsel for Greater Chennai Corporation, For R3 to R5 : Mr.G.Krishnaraja Additional Government Pleader For R6 : Mr.K.Karthikeyan Government Advocate (HR & CE)

O R D E R

The relief sought for in the present writ petition is to forbear the respondents from putting up construction on a land bearing Survey No.335/1, T.S.No.6, Ward-I, Block No.2, measuring 3932 square meters, Padi Village. 2.

It is brought to the notice of this Court that the report submitted by the petitioner-temple has been acted upon by the Hindu Religious and Charitable Endowments (hereinafter referred to as "HR & CE") Department and actions are already initiated under Section 78 of the HR & CE Act. Based on the report, the Assistant Commissioner has to forward the files to the Joint Commissioner for conducting inspection under Section 78 of HR & CE Act, to evict the encroachers from the temple property. Since, the Corporation and the Revenue Authorities have initiated actions to survey the temple property, the petitioner-temple filed the present writ petition. 3.

In view of the fact that the report submitted by the temple as already been acted upon by the HR&CE Department for initiation of action under Section 78 of the HR & CE Act, the Revenue Authorities have to co-

operate with the HR & CE Department for conducting survey and to identify the temple property and protect the same in the manner contemplated under the HR & CE Act. The actions initiated under the Act must be expedited and Section 78 proceedings are directed to be completed by affording opportunity to the encroachers and other persons, preferably, within a period of four (4) months from the date of receipt of a copy of this order. The Commissioner, HR&CE Department-6th respondent is directed to monitor the actions taken under Section 78 of HR & CE Act.

With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.01.2024 veda Index : Yes / No Speaking order / Non-Speaking Order To 1.The Commissioner, Ripon Buildings, Chennai - 600 003.

2.The Zonal Officer, Zone VII, Ambattur, Chennai - 600 053.

3.Revenue Divisional Officer, Ambattur, Cehnnai - 600 053.

4.The Tahsildar, Ambattur, Chennai - 600 053.

5.Village Administrative Officer, Padi, Chennai - 600 050.

6.The Commissioner, Office of the Commissioner, Hindu Religious and Charitable Endowments Department, No.11, Uthamar Nandhi Salai, Chennai - 600 034.

S.M.SUBRAMANIAM, J.

veda 10.01.2024