S.Chandra v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023 CORAM :

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

Petitioner Vs.

1. The District Collector District Collector Office

2. The Tahsildar Subramania Nagar Suramangalam 636 005

3. The Block Development Officer Sarkar Kollapatti Kollapatti, Salem West 636 030

4. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem District 636 001.

5. Fir Person/Executive Officer Arulmigu Ekambareswarar Kamakshiamman Temple Kadaiveethi, Salem.

6. The Panchayat President Thalavaipatty Village & Post Pincode 636 302 ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to remove the entire encroachments including constructed buildings and using roads in the temple land in S.No.40/10 the extent of 90 cents in Thalavaipatt Village and Salem District and consider and pass orders on the representation preferred by the petitioner dated 13.10.2023. For the Petitioner : Mr.P.Ganesan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3 and R6 Mr.C.Jayaprakash Government Advocate (HR & CE) for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Ganesan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3 and 6 and Mr.C.Jayaprakash, learned Government Advocate (HR & CE) for respondent 4.

2. The land is claimed to be a temple land. The A-Register does not state that the temple is the owner of the land. The A-Register mentions the land as poromboke. Only the name of the temple is mentioned in column 12 of the remark column. That would not be conclusive to mention that the land is owned and allotted to the temple.

3. Be that as it may, learned counsel for the Hindu Religious and Charitable Endowments Department submits that if encroachments are found, action would be taken in accordance with law and with regard to the buildings of Anganwadis, Fair Price Shops, Panchayat Office and other Government constructions, talks are on with regard to the

payment of rent.

4. In view of the same, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.11.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector District Collector Office

2. The Tahsildar Subramania Nagar Suramangalam 636 005

3. The Block Development Officer Sarkar Kollapatti Kollapatti, Salem West 636 030

4. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem District 636 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 07.11.2023