P.V.Arthanaari Easwaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.V.Arthanaari Easwaran : Petitioner versus 1.The District Collector, 2.The Revenue Divisional Officer, Erode 3.The District Revenue Officer, Erode 4.The Executive Officer Pasur Town Panchayat 5.The Village Administrative Officer Pasur village, Pasur, Erode District 6.The Tahsildar Kodumudi Taluk 7.The Head Surveyor Kodumudi Taluk Office Kodumudi Taluk 8.The Superintendent of Police
9.The Sub Registrar Kodumudi, Erode District 10.The Commissioner of Land Administration Triplicane, Chennai-600 005 11.The Special Officer Temple Lands Administration Department Hindu Religious and Charitable Endowment Nungambakkam Chennai-600 034 12.The Commissioner Hindu Religious and Charitable Endowment Nungambakkam Chennai-600 034 13.The Joint commissioner Hindu Religious and Charitable Endowment Erode Division 14.The Assistant Commissioner Hindu Religioius and charitable Endowment Erode Division 15.The District Revenue Officer Temple lands Hindu Religious and charitable Endowment Coimbatore Division 16.R.Velumani 17.N.Dhakshinamoorthy : Respondents (Respondents 16 and 17 impleaded vide order dated 18.03.2022 in WMP No.
4403 of 2022) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to perform physical measurement of the Temple land situated in old survey No.27/B new survey Nos.
encroachments in the said temple lands, alter and rectify all illegal mutation of revenue records and restore, repatriate, recover the same both physically and materially in favour of temple namely the Arulmighu Meenakshi Sundareswarar Temple Pasur Town Panchayat Kodumudi Taluk Erode-638 154 in accordance with law within a reasonable time-frame.
For the Petitioner :
Mr.V.Chandrasekaran For the Respondents :
Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for respondents 1 to 3, 5 to 10 Mr.R.Shunmugasundaram, Advocate-General, assisted by Mr.N.R.R.Arun Natarajan, for respondents 11 to 15 Mr.AR.L.Sundaresan, Senior Counsel, for Mrs.S.A.Kanmani, for respondents 16 and 17
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.V.Chandrasekaran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3, 5 to 10, Mr.Mr.R.Shunmugasundaram, learned Advocate-General, for respondents 11 to 15 and Mr.AR.L.Sundaresan, learned Senior Counsel, for respondents 16 and 17.
2. The Writ Petition is filed with a request to remove the encroachments.
3. The status report is filed by respondent No.13. In the status report, it has been clearly stated that show cause-notice has been issued under Section 78(ii) of the HR&CE Act on July 5, 2023 to the three encroachers and that they have been directed to appear before respondent No.13, on August 10, 2023. Naturally, the parties can put-forth their stand before the authority concerned. The authority shall thereafter consider the stand of the parties and take a decision on its own merits, expeditiously.
4. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.626 and 627 of 2022 are closed. (S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index : Yes/No : Yes/No tar
To:
1.The District Collector, Erode District 2.The Revenue Divisional Officer, Erode 3.The District Revenue Officer, Erode 4.The Executive Officer Pasur Town Panchayat 5.The Village Administrative Officer Pasur village, Pasur, Erode District 6.The Tahsildar, Kodumudi Taluk, Erode District 7.The Head Surveyor, Kodumudi Taluk, Erode District 8.The Superintendent of Police, Erode District 9.The Sub Registrar, Kodumudi, Erode District 10.The Commissioner of Land Administration Triplicane, Chennai-600 005 11.The Special Officer Temple Lands Administration Department H.R.&C.E, Nungambakkam Chennai-600 034 12.The Commissioner, H.R.&C.E, Nungambakkam Chennai-600 034 13.The Joint commissioner, H.R.&C.E Erode Division 14.The Assistant Commissioner, H.R.&C.E, Erode Division 15.The District Revenue Officer Temple lands H.R.&C.E, Coimbatore Division
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) 28.07.2023