Madras High CourtWP/27455/2023disposed of

S.Natarajan v. The Commissioner

2023-09-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Natarajan ..

Petitioner Vs.

1. The Commissioner HR & CE Department 1/2 Uthamar Gandhi Salai Nungambakkam Chennai 600 034.

2. The Joint Commissioner HR & CE Department Sathuachary Post Vellore 632 009.

3. The Inspector HR & CE Department Tirupattur District 635 601.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to initiate appropriate action to remove the encroachment of the property

belonging to Sri Chennakesava Perumal Temple, Perampattu Village, Tirupattur District which is covered by a document bearing Document No.1641 of 1902 dated 05.07.1902 as well as a document bearing Document No.3552/1917 dated 20.10.1917 on the file of the Sub Registrar, Tirupattur, by considering the representations of the petitioner dated 27.10.2021 and 10.08.2022 addressed to the respondents.

For the Petitioner : Mr.M.Radhakrishnan For the Respondents : Mr.N.R.R.Arun Natarajan

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Radhakrishnan, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned counsel for the respondents.

2. Learned counsel for the petitioner submits that the Temple land has been encroached upon and no steps are being taken.

3. Learned counsel for the respondents submits that the Trustees of the Temple have filed a civil suit in O.S.No.121 of 2009 and the same is pending. Learned counsel further submits that the respondent Department has recovered 14 cents of land and as far as

the remaining land is concerned, further steps are being taken, for which six months' time is required.

4. In view of that, within six months, all steps shall be undertaken by the respondent Authorities to recover the entire Temple property.

5. In the light of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index :

Yes/No :

Yes/No drm To

1. The Commissioner

HR & CE Department 1/2 Uthamar Gandhi Salai Nungambakkam Chennai 600 034.

2. The Joint Commissioner HR & CE Department Sathuachary Post Vellore 632 009.

3. The Inspector HR & CE Department Tirupattur District 635 601.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 20.09.2023