Sridhar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sridhar ..

Petitioner Vs.

1. The Commissioner Hindu Religious and Charitable Endowments Department Chennai 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowments Department Vellore District.

3. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Gudiyatham Taluk Vellore District.

4. The Executive Officer Arulmigu Anumantharayaswami Temple (TM004745) Morasapalli 635 801 Vellore District.

5. Prema @ Premavathy ..

Respondents

Prayer: 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 made by the private respondent in Arulmigu Anumantharayaswami Temple situated at S.No.209, Morasapalli Village, Gudiyatham Taluk, Vellore District based on the representation dated 24.08.2021.

For the Petitioner : Mr.G.Vinodhkumar For the Respondents : Mr.N.R.R.Arun Natarajan Spl. Govt Pleader (HR & CE) for Respondents 1 to 3 Mr.N.Palani Kumar For Mr.P.Kannan Kumar for Respondent-5 No appearance for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Vinodhkumar, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the respondents 1 to 3 and Mr.N.Palani Kumar, learned counsel for Mr.P.Kannan Kumar, learned counsel for the fifth respondent.

2. The petitioner seeks direction against the respondents 1 to 3 to remove the encroachment made by the fifth respondent in Arulmigu Anumantharayaswami Temple situate at S.No.209, Morasapalli Village.

3. A counter has been filed by the third respondent. It is submitted that the son of the fifth respondent has been appointed as Hereditary Trustee of the temple and is managing and administering the temple. The trees are not cut. There are 70 teak trees in S.No.209/1.

4. According to learned Special Government Pleader, there are other encroachments in the temple. The son of the fifth respondent had sent a requisition letter dated 04.12.2023 seeking assistance of the Special Tahsildar, Vellore to measure the houses encroached by the encroachers of the aforesaid temple properties, so as to enable him to initiate legal proceedings against them under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act. The

said letter is forwarded to the Joint Commissioner of Hindu Religious and Charitable Endowments Department, Vellore, by the Assistant Commissioner.

5. In the light of the above, it appears that the present writ petition is based on erroneous facts. The writ petition, as such, is dismissed. There will be no order as to costs. Consequently, W.M.P.No.25553 of 2022 is also dismissed.

(S.V.G., CJ.) (D.B.C., J.) 11.12.2023 Index :

Yes/No :

Yes/No kpl To

1. The Commissioner Hindu Religious and Charitable Endowments Department Chennai 600 034.

2. The Joint Commissioner Hindu Religious and Charitable Endowments Department Vellore District.

3. The Assistant Commissioner Hindu Religious and Charitable Endowments Department

Gudiyatham Taluk, Vellore District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 11.12.2023