Thamilaga Indhu Saiva Koyilgal Paathukappu v. State Of Tamil Nadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.25979 of 2024 and WMP.No.28366 of 2024 Thamilaga Indhu Saiva Koyilgal Paathukappur Matrum Deivaneri Parappum Sangam, Regn. No.66/2007, No.9-A/23, Tiruvalluvar Nagar, Second Street, Thenpathi Sirkazhi, Mayiladuthurai District, Rep. By its Secretary, S.Balasubramanian.
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Petitioner Vs
1. The Secretary, Tamil Development and Hindu Religious & Charitable Endowment Department, Secretariat, Chennai-9.
2. The Commissioner, HR & CE Department, Nungambakkam, Chennai.
3. The Collector, Mayiladuthurai District.
4. The Joint Commissioner, HR & CE Department, Mayiladuthurai District.
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5. Adheenakarthar
6. The Superintendent, Arulmigu Sattanatha Swamy thirukoil, Sirkazhi, Mayiladuthurai District.
....Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action to cancel all alienations done by the respondents 5 to 6 and to restore the wet lands of the temple viz., Arulmigu Sri Sattanantha Swamy Thirukoil, Sirkazhi, Mayiladuthurai district situated in ward No.A, Block No.9, T.S.No.52, R.s.No.345 (Kathirvel Nagar, Sirkazhi) to the extent of 8 acres in its original position and to take action against the respondents 5th and 6th and the persons responsible for illegal transfer/alienation of said lands based on the representation of the petitioner dated 02.12.2023, 16.06.2024 and also in view of the enquiry report in Na.Ka.No.JC09/223/2024-A3 dated 07.03.2024 on the file of the 4th respondent.
For Petitioner : Mr.S.Doraisamy For Respondent : Mr.K.Karthikeyan GA HR & CE
ORDER
This petition has been filed seeking a direction to the respondents 1 to 4 to take appropriate action to cancel all alienations done by the 2/6
respondents 5 to 6 and to restore the wet lands of the temple viz., Arulmigu Sri Sattanantha Swamy Thirukoil, Sirkazhi, Mayiladuthurai district situated in ward No.A, Block No.9, T.S.No.52, R.s.No.345 (Kathirvel Nagar, Sirkazhi) to the extent of 8 acres in its original position and to take action against the respondents 5th and 6th and the persons responsible for illegal transfer/alienation of said lands based on the representation of the petitioner dated 02.12.2023, 16.06.2024 and also in view of the enquiry report in Na.Ka.No.JC09/223/2024-A3 dated 07.03.2024 on the file of the 4th respondent.
2. It is the case of the petitioner that the petitioner association and its member involved in various activities of tiruppani of temples by rendering services to the temples questioning the mismanagement and also to safeguard the temple lands from misusing. In the present case, 5th respondent is hereditary trustee of Arulmigu Sri Sattanathar temple and the temple is owned 500 acres of agricultural land, in which, the 5th respondent sold more than 200 acres of land to the general public. The approximate market value of the property is Rs.1500/- crores and the sale consideration is 3/6
not accounted either to the temple or to the Adhinam and the same was misappropriated by the 5th and 6th respondents. The petitioner made a representation dated 02.12.2023 to the respondents 1 to 4 to take action against the private respondents for unlawfully plotted out the wetland of the temple to sell land to individuals without prior permission from the second respondent and for misappropriating the sale consideration. However, no action is taken so far. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation and to restore the lands in favour of the temple.
4. The learned Government Advocate appearing for the respondents submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.
5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the 2 to 4 respondents to consider and pass orders on the petitioner's representation 4/6
within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 04.09.2024 rli To
1. The Secretary, Tamil Development and Hindu Religious & Charitable Endowment Department, Secretariat, Chennai-9.
2. The Commissioner, HR & CE Department, Nungambakkam, Chennai.
3. The Collector, Mayiladuthurai District.
4. The Joint Commissioner, HR & CE Department, Mayiladuthurai District.
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M.DHANDAPANI, J.
Rli WP.No.25979 of 2024 04.09.2024 6/6