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Madras High CourtWP/36380/2016disposed of

Arulmigu Thaiyalnayagi v. The Commissioner

2016-11-02Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 2.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.36380 of 2016 Arulmigu Thaiyalnayagi Udanurai Arulmigu Vaideeswaran Temple rep. by its Managing Hereditary Trustee P.N.Suryaprakasam, S/o.P.N.Kailasanadha Mudaliar Vaideeswaran Koil Street .. Petitioner Vs.

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

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Vellore - 632 009.

3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Kancheepuram - 631 501.

4. The Tahsildar Poonamallee Taluk

5. The Inspector of Police Poonamallee Police Station

6. V.Devarajan, President Shridi Sai Nagar Residents Welfare Association No.37, Siridi Sai Nagar Main Road

7. R.Nagaraj, Secretary Shridi Sai Nagar Residents Welfare Association No.37, Siridi Sai Nagar Main Road

8. E.Uthiravelu

9. Subramani .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 to 4 to take necessary action to survey the lands in Survey No.474 and 475 of Poonamallee Village belonging to the petitioner temple by fixing the boundary stones as per the F.M.B.Sketch for the purpose of identifying and removing the illegal occupants thereon under Sections 78 and 79 of the Hindu Religious and Charitable Endowment Act, 1959 with the help of the Police. For Petitioner : Mr.S.Mohan For Respondents : Mr.T.N.Rajagopalan Special Govt. Pleader for respondents 4 and 5 Mr.M.Maharajan Special Govt. Pleader for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) On hearing learned counsel for parties, it is directed that the Tahsildar/fourth respondent, with the help of the Surveyor, should carry out an inspection of site within 15 days from today and fix the boundaries of the temple to obviate the chances of encroachment and unauthorized construction. It should be immediately verified whether there is any unauthorized construction of temple as alleged and if it is found so, the same should be stopped.

2. Once the boundaries are fixed, dependent on whether the alleged unauthorized construction is taking place in the temple land or public land, the authorities concerned will take action in accordance with law, after notice to all concerned, within a maximum period of three months thereafter.

The petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.Nos.31320 and 31321 of 2016 are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sasi To:

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

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department Vellore - 632 009.

3. The Assistant Commissioner Hindu Religious and Charitable Endowment Department Kancheepuram - 631 501.

4. The Tahsildar Poonamallee Taluk

5. The Inspector of Police Poonamallee Police Station +2 ccs to Mr.S.Mohan Advocate sr 62024 +1 cc to Government Pleader sr 62313 W.P.No.36380 of 2016 gj(co) aa03/11/2016