Madras High CourtWP/25545/2024disposed of

A.Radhakrishnan v. The Secretary To Government

2024-12-21Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Radhakrishnan

...Petitioner

Vs 1.The Secretary to Government, Public Department, Secretariat, Chennai - 600 009.

2.The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

3..The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

4..The Secretary to Government, Tourism Culture & Endowments Department, Secretariat, Chennai - 600 009.

5.The Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

6.The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

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7.The Commissioner, Hindu Religious & Charitable Endowments Department, 119, Nungambakkam High Road, Chennai - 600 034.

8.The District Executive Magistrate cum District Collector, Krishnagiri - 02.

9.The District Revenue Officer, Krishnagiri.

10.The Inspector General of Police, West Zone, Coimbatore.

11.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Thiruvannamalai.

12.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Krishnagiri.

13.The Inspector, Hindu Religious & Charitable Endowments Department, Thenkanikottai, 14.The Hereditary Trustee/Fit Person, Arulmigu Sendraya Swamy Temple, Kelamangalam, Thenkanikottai Taluk, 15.The Hereditary Trustee/Fit Person, Arulmigu Anchaneya Swamy Temple, Kelamangalam, 2/8

Thenkanikottai Taluk,

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the respondents 2, 5, 6, 8, and 9 to issue patta in favour of 14th and 15th respondent temples relating to the properties morefully stated in the 13th respondent communication dated 18.10.2021 in Na.Ka. No.104 and 105 of 2021 respectively, by considering the petitioner representation dated 13.09.2021.

For Petitioner : Mr.A.Radhakrishnan (Party in person) For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader (For R1 to R3, R5, R6, R8 and R9) Mr.K.Karthikeyan Government Advocate (HR &CE) (For R4, R7, R11 to R15)

ORDER

The present Writ Petition has been filed seeking mandamus directing the respondents 2, 5, 6, 8, and 9 to issue patta in favour of 14th and 15th respondent's temples relating to the properties morefully stated in the 13th respondent communication dated 18.10.2021 in Na.Ka. No.104 and 105 of 2021 respectively, by considering the petitioner's representation dated 13.09.2021. 3/8

2.The Writ Petition is disposed of recording the submissions made in paragraph No.14 of the counter affidavit filed by the 9th respondent/The District Revenue Officer, Krishnagiri. It has been stated as follows:- 14.As regards the averments made in para 9, 10 and 11 of the affidavit, it is submitted that, there are 500 houses in S.No.50, 52, 215, 285, 510/4, 104, 106 of Kelamangalam Village. The above lands were stands registered in the name of Arulmigu Chendrayaswamy and Anjaneyaswamy Temple. There are residential houses and the residents are poor and we are giving them opportunity to appear and submit documents and thereafter evict the dwellers in said houses. Eviction of residents from the houses will create Law and Order problem in the area and that is why, we are issuing notices to 15 persons at a time.

Further, enquiry has been conducted on dates 25.10.2023, 05.01.2024, 08.07.2024, 14.08.2024, 17.12.2024 to ascertain correct details for eviction of encroachments. Out of 100 persons 10 persons have been enquired so far. Enquiry will be conducted for the remaining persons early and the said enquiry will be completed within a period of 3 months. The 12th and 13th respondents have to evict the encroachments in the above said Temple lands. The said officials has been instructed to take steps to evict the encroachment in the temple lands in Kelamangalam Village.

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3.Accordingly, the Writ Petition is disposed of and directions are issued to the respondents that the enquiry shall be conducted within a period of six months from the date of receipt of copy of this order. No costs.

21.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Secretary to Government, Public Department, Secretariat, Chennai - 600 009.